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Post-Decree

Visitation and Unpaid Support

Can you deny Visitation to your ex-spouse as a punishment for failing to make timely child support payments?  The answer is unequivocally NO!  Failure to pay support never justifies cutting off visitation.  Also, if you are denied visitation, you cannot stop paying support either.  The duties are separate in nature.  If you are denied visitation,…

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What is Required to Change Child Custody?

If your current court order is no longer working, you may be able to change your child custody arrangement. When one party has sole legal custody there must be a substantial change in circumstances with the legal custodian’s living situation or conduct before the court would consider modifying the existing child custody arrangement.  In a…

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Free Legal Advice: Don’t Listen to It!

DANGER, DANGER! – Free legal advice can cost you a lot! When you have problems in your life you likely talk it out with your friends and family.  However, for legal advice you should only be seeking the advice of a licensed attorney in Ohio.  Attorneys often offer free legal advice about divorce and other legal…

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Securing Your Finances In Divorce (by Ohio Divorce Attorney)

  Many times bankruptcy and family law go together.  Sometimes it is because one person can no longer afford the expenses that two people used to contribute to.  Other times it is that one spouse has taken on a significant amount of debt in the divorce settlement.  Bankruptcy offers a solution to these problems.  When a person files bankruptcy after a divorce is finalized, they can…

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Ohio Divorce Attorney: What Do You Do?

A few years ago the only place that an attorney could advertise was the phone book.  Most attorneys chose to make the most of the ad space by publishing a “panel” of services they provided.  This list of services is going the way of the horse whip, but you still see it occasionally on web…

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Divorce Papers: Read Carefully!

Read Your Papers! – The Contempt Trap for Divorce In a recent case decided by the State of Ohio’s 5th Appellate District, the importance of reading and understanding your divorce papers was made clear.  In Woodie v. Woodie, the wife filed a contempt motion against the husband for his failing to follow their agreement regarding…

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What Does The Court Consider To Be My Income?

One of the most common questions that we will discuss at the beginning of your case is your income.  The definition of “income” under ohio law is found at Ohio Revised Code 3119.01.  Here is a list (according to statute) that your county Child Support Enforcement Agency (CSEA) or the Court will utilize in determining how much…

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10 Commandments of Divorce Court

1. Thou shalt not bring your child to divorce court. The ultimate interest of the divorce court is the best interest of the child.  Unless it is requested by the divorce court, bringing your child to the court with you is not in the best interest of the child.  Children do not need to be…

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Divorce and Capital Gains Tax

Internal Revenue Code sec. 1041 provides that where an asset, otherwise subject to capital gains tax, is transferred from one spouse to another pursuant to a court order, such as by decree of dissolution or divorce, no gain is recognized.  This means that if a husband transfers a house to his ex-wife as part of…

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Child Support Directly to My Ex-Spouse?

In my practice, I receive a lot of questions involving child support daily.  One of the most common questions I receive is as follows:  “Should I pay support directly to my spouse?” A similar question: “Why should I be in arrears when I give her (meaning the ex-spouse or partner) a lot of extra money for the children?” …

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