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.

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.

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