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.

Moving Out of State with Children Requires Divorced Parents to Provide Notice under Ohio Law

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If you have a custody order from an Ohio Court, Ohio law requires you to file a notice of intent to relocate with the Court that issued the custody order prior to moving out of state with the children. The notice must be sent to the non-custodial parent, and must contain your new address (unless disclosing that is otherwise prohibited by another Court order). If possible, it is often helpful to at least try to obtain the consent of the non-custodial parent prior to filing anything in Court. If the non-custodial parent agrees to your relocation out of the state of Ohio with the children, you may be able to file an agreed entry noting that for the Court record. If you cannot obtain the non-custodial parent’s consent, then file the notice of intent to relocate. In some Ohio Courts, the Clerk of the Court will send the notice of intent to relocate to the non-custodial or other parent, in other Courts, you, the filing parent, or your attorney will need to serve the notice on the non-custodial or other parent. It is often wise to have an attorney’s help with this process. If you find yourself in that position, please contact Helen Wallace Dayton family lawyer at Helen Wallace, Attorney at Law .

The non-custodial parent will then have an opportunity to object to the relocation. If an objection is filed, the Court where the notice was filed will conduct a hearing. A modification of parenting time, and in some cases, a termination of shared parenting or change of custody may follow in order to facilitate the practicalities of the relocation. It should be noted that shared parenting could continue, even if one parent lived in a different state from the children. Before granting permission for a parent to relocate out of state, Ohio law requires that the Court consider what is in the best interests of the children. Some of the factors that may be considered are the reason for the requested move (i.e., employment opportunities, or lack of opportunity in the current location), the distance placed between the children and the non-relocating parent, the involvement of the children’s extended family, the non-custodial parent’s relationship with the children and the wishes of the children. If the Court finds relocation is in the best interests of the children, the Court will grant the request to relocate. If the Court finds it is not in the children’s best interest (because, for example, there is no valid reason for the move, or a parent is attempting the relocation to solely disrupt the other parent’s time with the children) the relocation request may be denied.

For more information about filing a notice of intent to relocate with an Ohio Court, please contact Dayton divorce 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 Clare Wallace

Reconciling under Ohio Divorce Law through the Conciliation Process

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If you or your spouse filed for a dissolution, annulment, legal separation or divorce, but now one or both of you want to work on your marriage and potentially reconcile, there is an Ohio procedure in place to facilitate reconciliation. Your Dayton family lawyer can help you through the process.

Under the Ohio Revised Code, Section 3105.091, Conciliation Procedures, at any time after 30 days from the service of summons in an action for divorce, annulment, or legal separation, or after the filing of a petition for dissolution of marriage, the Court, either upon its own motion, or the motion of one of the parties, may order the parties to undergo the process of conciliation for a period of time (not to exceed 90 days). Through the conciliation process, the Court may order the parties to take part in family counseling if children are involved in the proceeding or marital counseling. The Court may name the counselor (chosen from public or private marriage counselors, family service agencies, community health services, physicians, licensed psychologists, or clergyman) and shall set forth the required type of counseling, the length of time for the counseling, and any other specific conditions required. The Court also directs and orders the manner in which the costs of any conciliation procedures and family counseling are paid. During the period of time of the conciliation process, no action for divorce, annulment or legal separation, in which conciliation or family counseling has been ordered, shall be heard or decided until the conciliation or family counseling has concluded and been reported to the Court.

In Montgomery County, Ohio, the conciliation process is begun by filing a Petition for Conciliation pursuant to Local Rule 4.35. A copy of the Petition is then taken to the Parent Education Department of the Court where a counselor conducts hearings and conferences on conciliation. If conciliation proceedings are not successful, the counselor files and order dismissing the conciliation petition, and the conciliation case is closed pursuant to Ohio Revised Code 3117.05.

The Petition for Conciliation must alleged facts showing a controversy between the spouses which may, unless a reconciliation or settlement is achieved, result in dissolution of the marriage or disruption of the household. The petition must also state the name and age of each minor child whose welfare may be affected by the controversy, the names and addresses of the parties, name as a respondent any other person who has any relation to the controversy (and his or her address if known), and request the aid of the court to effect a amicable settlement of the controversy between the parties or a reconciliation.

For more information about the Ohio conciliation process or for help with your Ohio divorce or dissolution, please contact Dayton divorce 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 is Spousal Support (“Alimony”) Determined in Ohio?

Your Dayton family lawyer can help you determine what amount of spousal support (sometimes referred to as alimony) you may pay or receive through a divorce or dissolution in Ohio.

To determine the amount and duration of spousal support, the Ohio domestic relations courts consider a number of factors. These factors include the income and relative earning potential of the parties, the ages and physical, mental and emotional conditions of the parties, the retirement benefits of the parties, the duration of the marriage, the extent to which it would be inappropriate for a party (because that party will be custodian of a minor child of the marriage) to seek employment outside the home, the standard of living of the parties (established during the marriage), the relative extent of the education of the parties, the relative assets and liabilities of the parties (including but not limited to any court-ordered payments by the parties), the contribution to the education, training or earning ability of the other party (including but not limited to, any party’s contribution to the acquisition of a professional degree of the other party), the time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment (provided the education, training, or job experience is, in fact, sought), the tax consequences, for each party, of an award of spousal support, the lost income production capacity of either party that resulted from that party’s marital responsibilities, and any other factor that the court considers relevant and equitable. When determining whether spousal support is reasonable, and while determining the amount and terms of spousal support, the Court shall consider each party to have contributed equally to the production of marital income.

For more information about Ohio divorce, and/or to schedule a consultation please contact Dayton divorce 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.

Divorce and Taxes: Can You Benefit From The Dependent Tax Exemption?

Tax time is upon us once again. For divorced or single parents, this time of year is often made more stressful due to uncertainty regarding tax exemptions and whether one parent can or should claim the child or children this year (in many cases, Courts order parents to alternate the years that they can claim the tax dependency exemption for each child). Your Dayton family lawyer> can help you navigate through these challenges, and can often offer practical solutions that may not have been considered.

For example, in cases where one parent earns a low income, that parent may simply get no benefit from claiming the tax exemption. This is because parents, who are also allowed to exempt income based on their filing status as either married or head of household, as well as for themselves and a spouse (if applicable), must have income in excess of the sum of those other exemption amounts to also benefit from the dependent exemption. For example, in 2012, married couples can exempt $19,500 from taxation as a result of their own personal exemption (2 x $3,800) and the standard deduction ($11,900); single parents can exempt $12,500 before accounting for the dependent exemption ($3,800 + $8,700). Families with incomes below these threshold amounts receive no benefit from the dependent exemption because their total taxable income can be reduced to zero without applying the dependent exemption for any children in the household (the benefit from the dependent exemption cannot exceed tax liability). In cases where no benefit can be derived from the dependent exemption, it may be advisable to allow the parent who can take advantage of the exemption, to do so, especially if there is something offered in return. Dependency exemptions are not related to the child care tax credit or earned income credit. Therefore, even if the custodial parent choses to allow the other parent to claim the child for the dependency tax exemption, he or she could still use the child care credit and earned income credit. As with all tax issues, please consult a tax professional for advice regarding your specific situation, and for guidance on how to file your taxes (for example, it is important to file IRS Form 8332 (http://www.irs.gov/pub/irs-pdf/f8332.pdf) should the custodial parent opt to allow the other parent to use the dependency exemption).

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.

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.

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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