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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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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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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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Life After Divorce. What's Next?

The age old question:  What’s Next?  Is there life AFTER divorce? You are driving home after your final divorce hearing when it hits you.  I’m done! It’s finally over!  When the relief of a final divorce hearing fades you are left with some very fundamental questions about what happens next.  Here is my Top Ten List of…

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Post Decree Contempt of Court (by Ohio Divorce Attorney)

A divorce decree would be rendered useless if the issuing court lost jurisdiction to enforce it.  If you feel that your ex-spouse has violated one of the terms set forth in the Final Decree of Divorce, you can enforce that provision by using the issuing court’s CONTEMPT powers.  If a party violates the order or…

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