“Helping Children Succeed After Divorce”, Seminar Update

sem3.jpgIt has been six months since our first blog article appeared regarding the Montgomery County Domestic Relations Court’s “mandatory requirement” that both parents must attend a seminar intending to assist parents in understanding what each must do to help their children succeed after a divorce or dissolution. Several questions have arisen since the initial article was published, and I shall endeavor to address them.

Question #1: Divorce is proceeding in Montgomery County, Ohio, but Wife/Mother has relocated to the State of Florida.  What is she supposed to do about the requirement to attend a seminar in the State of Ohio?

Once again, I contacted Galen Curry, Manager of the Parent Education Department of the Domestic Relations Court of Montgomery County, Ohio, and he advised me of the following options:

  • Mother could arrange to take the course in Montgomery County, Ohio, before the final divorce hearing, immediately after the final divorce hearing, or within a few days of the final divorce hearing in the State of Ohio.
  • Mother could arrange to take the course in Montgomery County, Ohio, before the final divorce hearing, immediately after the final divorce hearing, or within a few days of the final divorce hearing in the
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The Dependency Tax Exemption Requirements Have Changed For 2009!

taxdep.jpgIn 2008, the IRS amended Code Section 152(e), the section which addresses the subject of the child dependency exemptions for divorced or separated parents. The old rule and procedures have been changed dramatically.

Here is a summary of the dependency exemption requirements:

  • The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
  • The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
  • The child must have lived with you for more than half of the year.
  • The child must not have provided more than half of his or her own support for the year.

If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.  (To read the special test for a qualifying child of more than one person, click here.

In most cases, but not always, a child of divorced or separated parents will qualify as a … Read More... “The Dependency Tax Exemption Requirements Have Changed For 2009!”

The Legal Distinctions Between “Sole Custody” vs “Shared Parenting”

legalcus.jpgFor many parents contemplating a divorce or dissolution of their marriage, a primary concern is which parent shall have “custody” of the child or children of the marriage.  I shall begin the article by addressing the differences between the two parenting systems in Ohio – “sole custody” and “shared parenting”.

  1. The parents have different names or titles:  In a situation where one parent has “sole custody” of the child/children, that parent is designated as the “residential parent and legal custodian” and the other parent is designated as the “non-residential parent” or the “non-custodial parent”.  In a shared parenting situation both parents have the same title. They are both designated as the “residential parent and legal custodian” of the child or children.  For school district reasons of residency and tuition, one parent’s residence is typically designated as the residence of the child for school district purposes.  The parent whose residence is the residence of the child for school district purposes may have a slight advantage over the other party as he or she has the ability to change residences with the child changing school districts accordingly.  For example, in a “shared parenting” arrangement wherein Mother’s residence is the residence of the
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Job is Lost! Now What Do I Do?

joblost.jpgIt is newsworthy that the State of Ohio has taken major “hits” in the job loss category and that our unemployment rate approaches 10%.  Recently, General Motors, aka Delphi, has closed most plants in Dayton causing a massive loss of jobs in the manufacturing sector.  Then, National Cash Register (NCR) announced the company was moving its headquarters and nearly fifteen hundred (1500) jobs to a suburb of Atlanta, Georgia.  The Dayton Daily News has reported that eleven (11) policemen are slated to “lose their jobs” due to budgetary constraints.  Also, businesses associated with supplying the auto industry with parts and services are feeling a financial “crunch” as their major or primary customer was General Motors, aka Delphi.

So, what is a parent (Father or Mother) to do when facing or experiencing a loss of employment?

Scenario #1:   Father is the Obligor (parent paying child support to the Mother/Obligee). He was employed by National Cash Register (NCR).  He does not want to move to the suburb of Atlanta, Georgia, wherein the new company headquarters shall be located.  He does not want to leave the Dayton community as he wants to remain in contact with his children and he has an “upside Read More... “Job is Lost! Now What Do I Do?”

Preventing a Parentectomy After Divorce

parect.jpgOne of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!

During my 31-year law career, I have focused a large part of my efforts both professionally and as a member of various community organizations and non-profit Boards towards diverse child-welfare related causes. So with that stated background, I whole-heartedly encourage everyone to read Dr. Williams’ presentation in full, by clicking here.

I will attempt to capsulate some of the salient points as well as set forth the six (6) recommendations he made based on his extensive clinical experience to prevent parentectomies.

According to Dr. Williams, a ”parentectomy” is the removal, erasure, or severe diminution of a caring parent in a child’s life, following separation or divorce. A parentectomy is the most cruel infringement Read More... “Preventing a Parentectomy After Divorce”

Father’s Day Facts and Parenting Orders

fday09a.jpgThe third Sunday of June has become known as Father’s Day just as the second Sunday of May has become known as Mother’s Day. On that “special” day in June, Fathers in the United States are feted with cards, gifts (often ties and wallets), meals especially prepared for them or “dinner out” at their favorite restaurants, as well other special treats such as the preparation of a favorite dish or dessert prepared at home.

From my readings at various websites, the origin of Father’s Day is not entirely clear.  Some say it began with a church service to honor Fathers in Fairmont, West Virginia, on July 5, 1908.  Others believe that Ms. Sonora Smart Dodd of Spokane, Washington, came up with the idea or plan to honor Fathers in 1909 while she listened to an earlier church service wherein Mothers were honored and praised.  Ms. Dodd’s Father, a veteran of the Civil War and a “single parent”, had successfully raised six (6) children following the premature death of his Wife.

Although the movement to honor Fathers began over one hundred (100) years ago, it took many years for this country to make this occasion an official holiday.  While citizens supported … Read More... “Father’s Day Facts and Parenting Orders”

Kids Say That Divorced Parents Should Pay The Same Amount For Child Support

child_surv.jpgI came across an interesting survey last month in the Gordon Poll Youth Survey published by the Wilmington Institute Network. Dr. Robert Gordon is the founder and director of the Wilmington Institute of Trial and Settlement Sciences. He is a past president of the Texas Psychological Association and is author of “On the Witness Stand.” He is both a clinical psychologist and a lawyer. The work of Dr. Gordon and the institute team has been featured on the MacNeil-Lehrer News Hour, ABC, Nightline, CNN, Fox News, Larry King Live, Good Morning America and USA Today.

The Gordon Poll Youth Survey focuses on family life issues. It is conducted for the benefit of parents, educators and members of the legal and mental health professions. The May 2009 survey was compiled from a sample size of 1,000 children between ages 14-18, and they are from a self-selected national sample that includes all 50 states.

The Question for May was: “In a divorce, how much money should each parent pay to support their children?” n for May was: “In a divorce, how much money

Answers in %

Each parent should pay the same

[bar.gif] 40.22%

The parent who earns more should pay more

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