Divorce Service via Facebook?

In Ohio, in order to proceed on a divorce complaint, a party needs to be served with the complaint.  Proof of service, via personal service, certified mail, or sheriff must be filed with the Court and then service is considered “perfected”.

In New York, a Judge recently ruled a woman could serve her difficult to locate husband through Facebook (please see link below).  With the advent of social media, the law on how service can be perfected may soon change.

http://www.cnn.com/2015/04/06/us/divorce-papers-facebook/

For a consultation to discuss your legal issue, please contact Dayton family lawyer at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law LLC’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

 

Can An Unmarried Partner in Ohio Recieve Support After a Break-Up?

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Your Dayton family lawyer was asked this week whether a person who had not married their child’s father but lived with him acting as his wife would be entitled to support from the father, as well as child support for the child, now that their relationship has ended. This person had stopped working to be a stay at home mother and provided home-making support to the father of her child for the past four years. Unfortunately, the answer to whether she could receive palimony (or financial support for an unmarried partner) is generally no in Ohio. Common law marriage, meaning a couple who lives together and acts or “holds themselves out” as husband and wife, and therefore have the same rights as an officially married couple under common law, is not recognized in Ohio anymore. If you were living together as husband and wife but not officially married prior to 1991, there may be an exception to the current rule, however most people do not fall under this exception.

If you are in a similar situation, it is still helpful to speak with an experienced Dayton divorce lawyer. There may be assets that are held jointly in both partner’s names and the fact that you are not married will not prevent you from exercising rights to jointly held assets. There also may be an enforceable contract between the partners that provides for some support after a break up. Additionally, if your ex-partner is the parent of your child, you may be entitled to child support. Child support is owed whether or not parents are married. The marital status of the parties only affects which Court orders that support (if married, child support is sought through the Domestic Relations Court, if unmarried, child support is sought through Juvenile Court).

Marriage is sometimes optional these days for many people. The trend seems to be to live together and have children but not officially “tie the knot”. However, people should think carefully about the protections that the “tied knot” brings, before discounting its value. Married people receive many benefits under our laws. All children born during the marriage are presumed to be children of the marriage, there are tax advantages accorded to married people, health insurance benefits, pension benefits, and privileges (such as the right not to testify against one another in Court). It is true that ending a marriage can be messier than ending an unmarried relationship, but that is because in an unmarried relationship there are often few rights of one party to enforce.

For more information about child or spousal support, please contact Dayton family lawyer at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Helen Wallace, Attorney at Law Moves Into New Office in Washington Township

Helen Wallace, Attorney at Law is pleased to announce that she has moved her growing Dayton family law and Dayton bankruptcy practice into new, larger office space in Washington Township, Ohio. If and when you are in the neighborhood, please visit her there at 7601 Paragon Road, Suite 103, Dayton, Ohio 45459!

For a consultation to discuss your legal issue, please contact Helen today at Helen Wallace, Attorney at Law by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

How to Get Reimbursed for Medical Expenses Under a Domestic Relations Decree

Many divorces or dissolutions provide that medical, dental, optical and psychological expenses are to be shared by the parents after the first $100 per child per year is spent (the first $100 is generally the responsibility of the residential parent). Sometimes parties are less than cooperative with each other, and a person may have difficulty getting reimbursement for expenses from their co-parent.

In order to seek redress from the Court under this scenario, a parent must be able to demonstrate that a proper claim for reimbursement (or demand for payment) was made to the person from whom reimbursement is sought. The claim or demand should include an itemization of expenses, and a breakdown of the responsible person’s share of the expense. The Montgomery County Ohio Domestic Relations Court has a form that must be submitted to the responsible parent for reimbursement of medical expenses, along with copies of all bills, receipts and insurance company explanation of benefit forms. It is very important that a copy of the claim form, along with all the afore-mentioned attachments, is kept by the parent submitting the claim. It is also important that the claim or demand is submitted to the person from whom reimbursement is sought by a verifiable method (i.e., certified mail).

If reimbursement is not obtained after submitting a claim as described above, your Dayton divorce lawyer can file a motion for contempt with the Court.

For more information about enforcing Ohio divorce or dissolution decrees, and/or to schedule a free consultation with an experienced attorney, please contact your Dayton divorce law firm or a Dayton family lawyer, at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Accessing a Foster Child’s School Records Easier With Passage of New Federal Bill

A law signed last week by President Barack Obama is designed to clear some educational roadblocks for foster kids, whose school records are often not accessible to child-welfare workers. Parents do not lose parental or educational rights to their child or children if a children services agency only has temporary custody of a child. In the past, this often meant that parental consent was needed in order for a child-welfare worker to take action to access a foster child’s school records. Obtaining parental consent, or a court order to proceed without parental consent, is often difficult, and time-consuming and contributes and compounds school transition difficulties for foster children.

The Uninterrupted Scholars Act gives agencies access to the records by creating an exception for child-welfare workers in the Federal Educational Rights and Privacy Act of 1974, which is known as FERPA. That means child-welfare workers won’t necessarily have to obtain parental consent or wait for court orders to act on school matters.

Please click below to read the Uninterrupted Scholars Act:

http://www.govtrack.us/congress/bills/112/s3472/text

To learn more, please see the below article in the Columbus Dispatch:

http://www.dispatch.com/content/stories/local/2013/01/22/foster-kids-to-get-school-help.html

For more information about Ohio juvenile law, and/or to schedule a consultation please contact your Dayton family lawyer at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

How and When Ohio Courts Can Impute Income for an Unemployed or Underemployed Parent for Purposes of Calculating Child Support

In Ohio, Courts can impute (assign) income to a parent for purposes of calculating child support if the Court finds the parent is voluntarily unemployed or underemployed. Your Dayton family lawyer can help you establish in a court hearing that a parent is voluntarily unemployed or underemployed. In deciding if an individual is voluntarily underemployed or unemployed, the court must determine if the change was voluntary (meaning unemployment or underemployment was of the parent’s own will, or without compulsion), and also if it was made with due regard to the obligor’s income producing abilities and his duty to provide for the continuing needs of the child (or children). See Woloch v. Foster (1994), 98 Ohio App. 39, 86; Rock v. Cabral (1993), 67 Ohio St. 3d 108 (finding that a mother, who had a degree in accounting, was voluntarily underemployed as a weaver and imputing an income of $14,000 that she could have earned if she worked as an accountant).

Once you have established that the parent is voluntarily unemployed or underemployed, then the Court can determine how much income to impute (or assign) to him or her for purposes of determining how much child support he or she must pay. O.R.C. 3119.01(C)(5) defines income for purposes of calculating child support for a parent who is unemployed or underemployed as the sum of the gross income of the parent and any potential income of the parent. Potential income, under O.R.C. 3119.01 (C)(11) means the following for a parent who the Court has determined in voluntarily unemployed or underemployed: Imputed income that the Court determines the parent would have earned if fully employed as determined from the following criteria: Prior employment experience; Education; Physical or mental disabilities, if any; Availability of employment in the geographic area where parent resides; Prevailing wage and salary levels in geographic area; Special skills and training; Evidence the parent has ability to earn imputed income; Age and special needs of child whom support is being calculated for; Parents increased earning capacity because of experience; Any other relevant factor, and any imputed income from an non-income producing assets of parent.

For more information about Ohio divorce, and/or to schedule a consultation please contact your Dayton divorce law firm at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Parenting Through Divorce

Your Dayton divorce law firm is pleased to announce that the Supreme Court of Ohio has published an helpful guide entitled “Planning for Parenting Time – Ohio’s Guide for Parents Living Apart”. The guide provides sample schedules and recommendations for parenting time with children at each age and developmental stage. There is also a section that addresses special issues, including but not limited to re-location, blended families, how to handle a situation where a child does not want to spend time with a parent, and long distance parenting. Below is a link to the guide:

http://www.supremecourt.ohio.gov/Publications/JCS/parentingGuide.pdf

For more information about parenting issues in a divorce, and/or to schedule a consultation please contact your Dayton divorce law firm at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Best Interest of the Child Must Be Considered When Ohio Courts Allocate Parental Rights

Under Ohio child custody law, an allocation of parental rights and responsibilities must be in accordance with the best interest of the child. Some of the relevant factors used by the Court to determine what is in a child’s best interest are found in Ohio Revised Code Section 3109.04 (F) and are summarized below:

(a) The wishes of the child’s parents regarding the child’s care;
(b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
(c) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
(d) The child’s adjustment to the child’s home, school, and community;
(e) The mental and physical health of all persons involved in the situation;
(f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
(g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
(h) Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
(i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
(j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.

For more information, please see below:

http://codes.ohio.gov/orc/3109.04

To learn more about child custody in Ohio, or to discuss your personal situation with an experienced Dayton divorce attorney , please contact your Dayton family lawyer today at Helen Wallace, Attorney at Law by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Can Shared Parenting Be Terminated in Ohio?

Shared parenting may be terminated by a Court upon the motion of either parent or whenever the Court determines that shared parenting is no longer in the best interest of the children. Under Ohio Revised Code 3109.04(E)(2)(c), a Court is not required to find a change in circumstances before terminating a shared plan. If a shared parenting plan is terminated, the Court will then allocate parental rights and responsibilities based on what is in the best interest of the children as if shared parenting had never occurred.

For more information, please see below:

http://codes.ohio.gov/orc/3109.04

To learn more about child custody in Ohio, or to discuss your personal situation with an experienced Dayton child custody attorney , please contact your Dayton family lawyer today at Helen Wallace, Attorney at Law by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

How is Ohio Child Support Computed When One Parent is Unemployed or Underemployed?

Child support in Ohio is calculated in accordance with a child support schedule and worksheet governed by Ohio Revised Code Sections 3119.02 through 3119.24.  When computing child support, the statute defines “income” in two ways: if a parent is employed full-time then it means the gross income of that parent.  If a parent is unemployed or underemployed, then income is defined as the sum of the gross income of that parent AND any potential income of that parent.

For the full definition of gross income and potential income see Ohio Revised Code Section 3119.01 (C) (subsection 7 and 11 respectively) (scroll down to see the definition effective after September 28, 2012):

http://codes.ohio.gov/orc/3119.01

To learn more about child support in Ohio, or to discuss your personal situation with an experienced Dayton child support attorney , please contact your Dayton family lawyer today at Helen Wallace, Attorney at Law by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

The contents contained in Helen Wallace, Attorney at Law’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Helen Wallace, Attorney at Law’s Blog or Webpage does not create an attorney/client relationship with Helen Wallace, Attorney at Law. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Helen Wallace, Attorney at Law is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

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