Informal separation was found to be a relatively common occurrence in the American marriage. Researchers analyzed marriage data from 7,272 people, finding that about half of them divorced, and of the rest 60 percent reported some kind of separation during their marriage.
]]> The research suggests that most respondents who divorced after a separation had been separated for three years. The couples who reunited usually did so after two years.Seven percent of the separations meanwhile lasted longer than 10 years before a divorce.
These statistics help explain the path toward divorce. Most couples, justifiably, are not willing to quit at the first sign of trouble. Informal separations offer a chance to cool off and work things out. Eventually, however, it may become apparent that things will not get better. At this point, the pair is sometimes better off by legally ending their relationship.
In Ohio, couples do have a chance to legally separate rather than divorce. A legal separation allows a couple to agree to live apart but remain married. The legal agreement can provide for child support, spousal support, and property and debt division. Couples generally choose separation rather than divorce if there are religious reasons to avoid divorce, or perhaps to avoid a difficult medical insurance problem.
Family law attorneys in Ohio can help couples decide whether informal separation, legal separation or divorce is most appropriate for their circumstances.
Source: USA Today, "Splitting? 79 percent of marital separations end in divorce," Sharon Jayson, May 8, 2012
]]>Actor Martin Lawrence, well known for roles in movies such as "Bad Boys" and the TV show "Martin," recently announced that he and his wife of less than two years would be splitting. The couple dated for 15 years prior to marriage in 2010, and they have two daughters, ages 9 and 11.
]]> In filing for divorce, the actor requested joint custody that would give both parents equal custody rights, including participation in decisions regarding the kids' upbringing. In addition, the kids would split their time evenly between parents. The couple released a statement insisting that they would remain friends and raise their children together.While divorce can be a difficult process for all involved, coming to an understanding early in the process regarding child support and child custody can help everyone ease into their new lives. In Ohio, shared parenting is often preferred by courts, but the parenting plan is decided based upon on the best interests of the children. Often, courts may honor agreements made between parents, but in cases where no agreement is made, the court may step in to make the arrangements.
While in the past custody was often awarded to the mother, interested fathers such as Martin Lawrence are often given equal weight when determining custody. While the article does not mention child support payments, it is important to note that in Ohio, even if custody lies solely with one party or another, the non-custodial parent may be required to pay child support.
Source: Reuters, "Martin Lawrence seeks divorce, joint custody of kids," Andrew Chow, May 1, 2012
]]>Electronic filing is just another sign of the evolution of family law in Ohio. This blog has previously discussed the multiple options available to couples looking for a legal separation as well as a parent's option to seek virtual visitation with their non-custodial children. Both of those examples represent a shift from the rigid rules of the past to a more forward thinking philosophy.
]]> This trend toward accommodating families and understanding their ever-changing needs has lifted spirits across the state. Divorce and child custody battles have long been met with negative connotations. The cost and stress of such proceedings were viewed as excruciating side-effects of a legal resolution. Today, the system allows for more efficient and effective resolutions that are often reached in a pain-free manner.Columbus legal advocates work tirelessly in support of a system that better accommodates modern families. As a result, they understand the endless possibilities the law allows and can help leverage the new rules to tailor solutions to the needs of families. Many options are available in the areas of separation, child custody and visitation. An experienced legal advocate can not only help with these issues but explain the complexities of the law and the process.
Source: Newsandsentinel.com, "Electronic filing may spread soon," Kevin Pierson, April 29, 2012
]]>An afternoon at the park with a child is not always an option for a non-custodial parent. Luckily, a new option is on the table. Virtual visitation has been growing in popularity. Much of the population in and around Columbus has extensive experience Skype-ing friends or Face-Timing family. Now, this technological wave has begun to lend itself to family law courts.
]]> Parents who are separated from their children through geography can become connected virtually. Though some have raised concerns about privacy, most parents happily embrace this sensible option. Parents can see and interact with their children without the cost of extensive travel. Though it is nothing like the real thing, it is an attractive alternative to those who cannot make weekly visits.Whether divorced, separated or never married, many non-custodial parents crave quality time with their children. The realities of life, however, can make time with children difficult or even impossible. Fortunately, this technology could break down these barriers. Ohio courts, recognizing new technological capabilities, may try to incorporate virtual visitation in an effort to help parents create the best environment for their children.
New movements like these simply allow parenting plans to become more creative. With more and more options in place, families that don't live under the same roof can still share wholesome quality time. Parents who are interested in incorporating virtual visitation into their Ohio parenting plans should discuss the matter with their family law attorney.
Source: Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>The researchers from Ontario, Canada, discovered a correlation between life expectancy and the divorce rate, finding that those with a longer life expectancy are more likely to seek a divorce than those with shorter expectancies. This new study comes on the heels of a recent study out of Ohio that noted a surge in the divorce rate among baby boomers.
]]> As we wrote last month in our blog, the rise in divorce among baby boomers has been attributed to a number of things. Among several theories is the fact that the children of baby boomers are now adults, meaning that a divorce would not involve the usual child custody, child support and visitation issues.Researchers have several theories to explain the life expectancy findings as well. One of them is that having a shorter lifespan may motivate people to stay together. If a couple has a longer life expectancy they may be more likely to feel dissatisfied with the relationship, feeling that it is not ideal, and feel that opportunities await after ending the marriage.
The researchers say that they will continue to develop these findings further.
For now, whether or not there exists a clear link to divorce and lifespan is unclear. What we do know if that for many people, a legal separation or divorce may lead to a more fulfilling life and that it is possible to sort of the resulting legal issues in as pain-free of a way as possible.
Source: Huffington Post, "Life Expectancy-Divorce Linked In New Study," Natasha Burton, April 11, 2012
]]>The divorce process can be much more pleasant when the two parties are agreeable toward each other. However, even when a Columbus divorce is very contentious, skilled attorneys can help to ensure a legal separation or divorce is as painless and productive as possible.
]]> Approaching the end of a marriage with a certain level of cordiality, as Facinelli and Garth appear to be doing, is generally most beneficial. When the two parties can come to agreements about the division of assets, child custody and support issues, dissolution, is one available alternative to divorce.With the help of a local attorney, couples that agree to dissolve their marriage can avoid some of the red tape and expenses that a traditional divorce entails. Both a divorce and a dissolution result in the termination of a marriage, but the latter can be a much simpler option for those who are good candidates.
Nonetheless, this ideal situation is not always attainable as many breakups are very emotional and contentious. Local Columbus attorneys can educate divorcing spouses on their various options. Once the situation is clearly understood, even the most contentious couples often come to a satisfactory level of compromise or negotiation.
Source: International Business Times, "Peter Facinelli on Jennie Garth, divorce: 'She'll always be in my life'," April 4, 2012
]]>However, parents who pay child support may not be aware that in some cases a noncustodial parent may claim their child as a dependent in order to benefit from a tax break. After a couple files for divorce, the parent who retains child custody for majority of the year is known as the custodial parent while the other parent is called the noncustodial parent, for tax purposes. Generally, the custodial parent is the one who may claim a dependent child as an exemption for tax purposes.
]]> However, there is an exception to this rule that allows the custodial parent to give the noncustodial parent the right to file for the tax break if certain criteria are met. To qualify, the couple must have a written document proving their divorce or separation at the end of the year, or they must have lived apart for the last six months of the year. Additionally, more than half of the child support for the year must be paid by one or both of the parents. Finally, one or both parents must have had custody of the child for over half the year.If these conditions are met, a written declaration may be signed by the custodial parent, which grants the noncustodial parent the right to claim the child as a dependent for the taxable year. This is usually done as part of a divorce settlement.
Even where the noncustodial rule does not apply, Ohio parents are likely eligible for certain exemptions, including tax-free medical benefits sponsored by the employer and any itemized medical expenses the parent paid for on behalf of the child.
Dealing with taxation and divorce issues is difficult. Parents with questions may want to consider discussing the situation with a lawyer and/or accountant experienced with child support issues.
Source: The Wall Street Journal, "Who gets the child tax break after a divorce," Bill Bischoff, March 31, 2012
]]>For this reason, deployment can be particularly devastating for those in the midst of a child custody case. Currently, it is permissible for courts nationwide to factor in the military deployment of a parent when considering the child's best interests. Consequently, military personnel fighting for custody rights sometimes find themselves facing what may seem like an unfair disadvantage.
]]> Recently, an Ohio U.S. congressman proposed a bill that may help even out the playing field. The bill proposes that child custody judges be barred from considering certain deployment assignments during the custody determination process.In the current draft of the bill, the deployments to be protected would include any assignments between two and 18 months and that would not allow family members to travel with the deployed soldier.
The House of Representatives have approved the bill several times since 2008, but it has yet to receive Senate approval. If the bill is passed, a provision will be added to the 2003 Servicemembers Civil Relief Act.
The passing of this bill may enable some members of the military to have a fairer child custody hearing. Furthermore, if a soldier is granted sole custody rights and is later deployed, requiring that a child be transferred to the custody of another able adult, the bill would ensure that the soldier does not permanently lose his or her custody rights.
Source: The Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, March 19, 2012
]]>For those following the story from Ohio, the situation made for great tabloid fodder, but it could occur just as easily for many people who do not live in the spotlight. There had been confusion in the past about who the father of Lakshmi's daughter was, as she did not publicly acknowledge who the father was.
]]> Her ex-boyfriend set out to gain custody rights of the child and began by proving paternity. A DNA test was performed, and the court determined the ex was the father. He filed a motion for full custody in early 2011, but the court declined to make the sweeping change. However, the court did order further visitation rights for the father, and he won the right to have the young girl take his last name.Most often in Ohio, child custody and visitation issues are handled during a divorce case, but it can happen outside of marriage much like the story above. Any time a parent brings such a case before the court, the main consideration is the best interests of the child. It is important to note that a mother and father are given equal consideration in terms of full custody. On the other hand, when parents are willing to comply, Ohio courts prefer to use shared parenting, which grants both parents a say in the child's upbringing. However, shared parenting does not mean equal time with the child.
For anyone interested in seeking child custody or visitation, whether through a divorce or unmarried situation, the prospect of using the legal system may be daunting. In such cases, it may be helpful to work with an experienced custody attorney who can explain the system, present options and ultimately develop a plan of action for obtaining the desired results.
Source: Miami Herald, "Padma Lakshmi's baby drama has ended," March 16, 2012
]]>In 1970, 13 percent of Americans ages 46 to 64 were never married, divorced or separated. Fast-forward to 2010 and statistics show that this figure has increased to around 33 percent. Researchers anticipate those rates to increase in years to come.
]]> Researchers at Bowling Green State University believe at least three important factors have contributed to the increase in single baby boomers. First, life expectancy rates have increased over the past few decades. Older unhappy married couples, realizing that they will likely continue to live for many years, find it worth the time and effort to divorce and start a new chapter.Another factor that has played a role in recent statistics is a change in social values and expectations. In the 1970s, it was the norm to get married and stay married and many people felt pressured to fit that mold. It is now more socially acceptable to divorce or never marry.
An additional factor responsible for an increase in single baby boomers is economic freedom--particularly in the cases of women. Today, it is more common for women to have sustaining careers, making it more feasible for them to never marry or support themselves after a divorce.
Yet another factor that may lead to more divorces among people in this age group is the fact that their children have likely grown up and moved out of the family home, so there will not be child custody and child support issues to decide.
Researchers will continue to track this trend in single baby boomers and assess the impact.
Source: New York Times, "More Americans Rejecting Marriage in 50s and Beyond," Rachel L. Swarns, March 1, 2012
]]>In fact, child support payments are actually not to be considered as income received by the custodial parent, thus the payments should not be reported as income on state or federal tax returns by the parent who receives the support. In turn, the parent who is paying the child support cannot claim it as a deduction on their tax returns. Child support is thus tax neutral.
]]> This is quite different than how spousal support, or alimony, is treated for federal tax purposes. Alimony is deductible by the payer and it should be reported as income by the recipient.There is a gray area, however, whereas in some cases spousal support payments may be considered as child support by the IRS. If the payer is overdue on his or her child support, the IRS will calculate any alimony payments as child support instead. This means that the payer will lose the alimony deduction.
Additionally, a tax return may be intercepted by Ohio's Child Support Enforcement Agency if the person who filed the return has more than $150 in arrears. A federal tax return may be intercepted if there is more than $500 in arrears, or $150 in public-assistance cases.
Tax implications are just one of many reasons that it is very important to have legal documentation that explains exactly the division between alimony and child support, as well as any modifications in support.
It is important to speak with your own family law counsel or accountant about your individual case before making any tax decisions based on spousal and child support issues.
Source: Forbes, "Taxes From A to Z: A Is For Alimony," Kelly Phillips Erb, March 3, 2012
]]>The case stems from the divorce and custody case of an Ohio couple. The father in the case was recently issued a protective order to cease contact with his wife in relation to a domestic violence charge. He was given visitation rights to see his son twice a week.
]]> These decisions frustrated the father, who appealed and later vented to his friends on his personal Facebook page. His Facebook comment spoke negatively of his wife. While his wife was blocked from viewing the comment and the responses of his friends, an unidentified source informed her of the incident.As a result, she argued that her husband's venting violated the judge's protective order. A Hamilton County court judge agreed and sentenced the husband to 60 days in jail--with the option of avoiding a jail term by posting an apology to his wife on Facebook for 30 days and paying the attorney fees that his wife incurred as a result of his initial posting.
The man posted the apology in order to avoid jail time. This case, though very unusual, is an example of how online communications can potentially lead to legal consequences in family law cases. Facebook posts, tweets and other forms of social media are often a subject of controversy and used as evidence in divorce and custody cases. For this reason, Columbus residents may want to consider temporarily disabling their social media accounts during family law proceedings--however, it is best to discuss such matters with your family law attorney.
Source: Cincinnati.com, "Judge: Jail or Facebook apology," Kimball Perry, Feb. 22, 2012
]]>The online portal system is designed to facilitate ease in accessing case information stored by the CSEA. It has recently been made available in Ross County, Ohio, which currently oversees roughly 7,000 cases. Portal registrants are able to view information about payments made and other data collected by the agency.
]]> Those who are eligible to use the system must have an active CSEA case. The CSEA is a legal entity that was established to guide parents through the process of obtaining child support payments. CSEA services are provided free of charge.Alternatively, parents can hire an attorney to facilitate the collection process. This option may be particularly appealing if it is determined that the CSEA will be unable to process their request within the desired timeframe.
Many case applicants are eager to learn how child support payments are calculated in Ohio. Simply put, in order to calculate payment amounts, the court must have an accurate and detailed perspective of the involved parties' income. The court reviews current and historical earnings and factors in instances of pre-existing child support and other minor children.
While the process of navigating the child support payment process may be lengthy and complex, the installation of the new portal system demonstrates an effort in streamlining this process. Interested and eligible Columbus residents may register online through the Ohio government's Child support website. For those considering filing a complaint to obtain child support or those having difficulties with the CSEA, contacting an experienced family law attorney may prove helpful to learn about options.
Source: 10 TV News, "Parents Can Track Child Support Payments Online," Feb. 7, 2012
]]>According to news reports, fathers who seek primary custody of their children are actually awarded custody about half of the time. This is because custody laws are gender neutral. Late last year, a news column discussed several of the common pitfalls that cause a parent to lose custody.
]]> If you are planning to seek custody of your children, here are several elements that will likely be reviewed, according to the Huffington Post column:In conclusion, during a custody dispute, it is very important to display to the judge that you have your child's best interests in mind and that you are a competent parent who is able to put that priority into practice.
Source: Huffington Post, "How to lose child custody," Jacqueline Harounian, Dec. 12, 2011
]]>It is necessary to come to an agreement that is in the best interests of the child and that each party will follow, because there are very serious consequences for neglecting a child support order. Not paying child support can result in restitution, fines and even jail time. Most often, this is dealt with through the Ohio court system, but in some cases the federal government becomes involved. Recently, the U.S. Department of Health and Human Services published website to list the "Most Wanted Deadbeat Parents."
]]> The federal government pursues child support offenders in cases where:• The noncustodial parent does not live in the same state as the child and has refused to pay child support for more than one year.
• The noncustodial parent does not live in the same state as the child and owes more than $5,000 in child support.
• The noncustodial parent crosses state or national borders to avoid paying child support.
The federal government's "Most Wanted Deadbeat" is a New York man who reportedly owes more than $1 million in child support to his three children. According to the website, he has tried to avoid paying child support by lying about his income and moving out of the U.S.
In Ohio, there are a number of issues that are considered to determine child support payments. These include: current and past income, any pre-existing child support obligations, medical and dental needs of the child, tax deductions and more.
Child support orders, modifications and other issues can be pursued by the CSEA or a family law attorney.
Source: UpNorthLive.com, "Putting a face to deadbeat parents," Lauren Amstutz, Feb. 3, 2012
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