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.

What Is Marital Property in the State of Ohio?

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In a divorce or dissolution, spouses need to divide marital property. Dayton family lawyer Helen Wallace can help you determine first, what is included in the definition of marital property in the State of Ohio, and then second, how the Court may divide the marital property between the spouses.

In general, marital property means all real (i.e. real estate) and personal (i.e., all other kinds of property, both tangible and intangible) property that is currently owned by either of the spouses. Marital property includes retirement benefits, and all interest that either spouse currently has in any real or personal property that was acquired by either or both of the spouses during the marriage. Marital property does not include separate property, but it does include all income and appreciation of separate property due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage.

In Ohio, property is considered separate property (and not marital), if the real or personal property came from an inheritance by one spouse by bequest, devise or descent during the marriage, or was acquired by one spouse prior to the date of the marriage. The definition of separate property also includes the passive income (meaning the income was not due to the labor, monetary or in-kind contribution of either spouse during the marriage) and appreciation acquired from separate property. Property, either real or personal, acquired after a decree of legal separation is separate property, along with any property that is excluded by a valid antenuptial agreement. Compensation to a spouse for the spouse’s personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets, is separate property under Ohio domestic relations law, as is any gift of any real or personal property or of an interest in real or personal property that is made after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse.

The commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable.

For more information about marital property 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.

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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.

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.

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.

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.

Mediation and Dissolution are Alternatives to Divorce Litigation

Your Dayton family lawyer Helen Wallace, Attorney at Law will analyze your domestic relations situation and let you know if ending your marriage via a dissolution or a divorce with mediation is a good alternative for you. Dissolutions and mediation of issues through a divorce filing are often less expensive and more efficient ways of ending a marriage than divorce. Mediation and/or a dissolution of marriage usually facilitate a less acrimonious resolution of issues for a couple who wish to end their marriage.

In a dissolution, the parties sign a petition asking the court to grant them the dissolution, and file it along with a separation agreement (in addition to other required documents such as a Financial Affidavit disclosing all the parties’ assets and liabilities) that provides for the division of all assets such as real estate, motor vehicles, retirement plans, bank accounts, and also provides for the division of debts. In addition, the separation agreement addresses parental rights and spousal support and usually includes various waivers, along with an agreement to execute all necessary documents to facilitate the division of property. Within 90 days of filing the petition and separation agreement, the Court will schedule a final hearing which both parties must attend.

Mediation can occur after a divorce has been filed if the parties agree to the mediation process. The Court usually screens all filed divorce cases to determine if they may be appropriate for mediation, but your Dayton divorce lawyer can also file a motion on your behalf requesting mediation. Mediation helps the couple identify and resolve issues in an efficient and less adversarial environment. If there are children involved, the mediator will help the couple make responsible parenting choices in the best interest of the children. Mediation is not binding, meaning a party cannot be forced to agree to anything against their wishes, and is also confidential. If mediation is not successful, the mediator may not later be subpoenaed into court to testify for a party. If the parties are able to reach an agreement on some or all of the issues, then a signed agreement is sent to the judge assigned to the case.

For more information about Ohio divorces, mediation or dissolutions, and/or to schedule a free 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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