Trista Portales Goldberg, Author at Beth Silverman & Associates

December 7, 2018 In Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: What is Changing in 2019 with Ohio Child Support?

Big changes are coming to the calculation of child support in Ohio. A bill has passed modifying the child support guidelines that have been in place since the 1980s. The new statute and worksheet are effective March 29, 2019. A few of the major changes include: The tables used to determine the amount of child support needed for each child was updated. This means that the same combined incomes may now result in a different child support obligation. There is a self -sufficiency reserve to cap child support orders regardless of the number of children. This reserve changes based on income. The guideline tables now include combined gross income up to $300,000. Under the pre-2019 law, this maximum was $150,000. Automatic child support reduction from the guideline of 10% for a parent exercising more than 90 overnights per year. The factors a court can consider to deviate from the guideline...

September 21, 2017 In Child Custody By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Do I Need a Guardian ad Litem or Custody Investigation?

When parents decide to end their marriage or relationship, the children become a central focus of the negotiation. The parents must decide how the children will be cared for and supported while living in two different households. These decisions include recognizing that each of them cannot spend as much time with the children as they had become accustomed to and face significant impacts to their cash flow. If the parents cannot agree on the custody arrangements for the children, then a court will ultimately decide which parent should make decisions for the children and how the parents will share time. Depending on the county where your case is pending, you may have various options to provide information to the Court about your wishes and the needs of the children. The two most common are the appointment of a Guardian ad Litem and Custody Investigation. While neither are necessary in a custody case,...

March 15, 2017 In Child Custody By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Where is Custody Determined if My Child Lives In Another State?

In custody determinations, there is often a question of which state has the power to make decisions for a child, or in legal terms, “has jurisdiction”. The issue presents itself when parents live in two different states, or both parents leave the state where an original custody decision was made. In an initial custody determination between parents the court that has jurisdiction over the child is the court in the child's home state. Home state is defined in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) as “the state in which the child has lived with a parent for at least six consecutive months immediately before the commencement of the child-custody proceeding.” It can also mean the state where the child lived in the 6 months prior to commencement of the action even if the child is no longer living in the state. For example, if a mother lived with her...

October 19, 2016 In Child Custody, Divorce, Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Do Parents Have Legal Obligations to Emancipated Children?

While it is true that Ohio Courts are prohibited from issuing orders regarding the care and support of children after they turn 18 or graduate from high school, whichever occurs later, the Court can enforce agreements that parents make with one another. Many parents recognize that their children will need continued support beyond 18 and want to ensure that these expectations are clearly outlined and discussed in a divorce settlement. It is especially important to consider the following obligations during your negotiation: child support for children with disabilities, maintenance of health insurance, dependency deductions, and the payment of college education. If parents agree on these items and include the agreements as part of the divorce or dissolution decree, the agreements will be enforced by the court. Child Support for Children With Disabilities Monthly child support terminates when a child is 18 or graduates from high school except in the circumstance of a child...

July 11, 2016 In Divorce By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Is Ohio a No Fault State?

According to Ohio statutes, grounds must exist to terminate a marriage by divorce. There are eleven grounds that permit a court to terminate a marriage. The first nine listed are considered “fault” grounds and the tenth ground of “living separate and apart without cohabitation for one year” is considered a “no fault” ground. Technically, incompatibility is not a ground for divorce, rather a status of the marriage that must be agreed upon by both parties which when agreed upon, allows a court to grant a divorce. As a practical matter, the majority of divorces are granted because the parties agree they are incompatible. The reason many people are seeking a divorce due to incompatibility or living separate and apart for more than one year is to avoid public accusations of wrongdoing. In the rare case where the parties do not agree that they are incompatible and they have not lived apart for...

February 22, 2016 In Division of Assets and Debts By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Is it Mine or is it Ours: Tracing Separate Property Interests

A major consideration when contemplating a divorce is how assets and debts will be divided between the spouses. In Ohio, any asset or debt accumulated during the course of a marriage is presumed marital and subject to division by the court unless it can be shown that the asset or debt is separate or non-marital. There are three main types of separate property: inheritance, gifts, and property owned prior to marriage. These categories of property are not subject to division by the Court. To the extent that any asset or debt is solely the separate property of one spouse, then that spouse will retain the asset or debt in the divorce free from any claims the other spouse. Complications arise when a spouse's separate property is commingled with marital property. For example, Wife receives an inheritance when her father passes away. This money, if deposited in a separate account with no...

September 22, 2015 In Division of Assets and Debts, Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Do I Need a Pre-nup?

Ohio law allows written contracts between parties before a marriage that define various aspects of marital rights and rights upon the death of either spouse. These contracts are called prenuptial agreements, premarital agreements, or antenuptial agreements. All of these terms can be used interchangeably. Prenuptial agreements may not always be enforced. To avoid the most common challenges to these agreements, the following should be adhered to: (1) both parties should have lawyers represent them during the negotiation and execution of the agreement, (2) it should be signed as far in advance of the actual wedding as possible to avoid the possibility of coercion, and (3) there must be a complete and accurate disclosure of assets and debts between the parties. Currently, Ohio law protects premarital assets and assets which are acquired during the marriage by gift or inheritance and a prenuptial agreement may not be needed. It is often a misconception...

February 27, 2015 In Divorce By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: What is a Divorce Restraining Order?

When a party files for divorce in most Ohio counties, the Court will automatically issue a Temporary Restraining Order ("TRO") that prohibits either spouse from taking certain actions while the case is pending in Court. The Court issues these orders as a matter of course, without a specific request by the parties, to ensure that the status quo is not changed unilaterally by either spouse. Temporary restraining orders can vary from county to county so it is imperative that you review the specific order issued by the Court where your case is pending. Typically, these restraining orders include the following prohibitions: removing children from the county where they reside at the time of filing for purposes of establishing a residence, selling or otherwise disposing of property owned by the parties, changing or canceling insurance of any kind (life, health, car, etc.), withdrawing funds from any retirement or investment accounts, or incurring...