Welcome to the Beth Silverman & Associates Family Law Blog
Through this blog we hope to provide a better understanding of the processes and laws relating to divorce, dissolutions, custody, support and juvenile court matters.
Disclaimer
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
Spousal Support Will No Longer Be Tax Deductible in 2019
Until the passage of the Tax Cuts and Jobs Act of 2017, spousal support payments were tax-deductible to the payor and taxable income to the payee. Now, that will change. For all spousal support orders entered after December 31, 2018, spousal support will no longer be...
How are Temporary Custody, Support and Parenting Time Determined in a Pending Divorce?
Upon filing for divorce in Ohio, the filing party or the responding party can request temporary orders from the Court regarding the custody of minor child(ren), parenting time, child support, spousal support and the payment of marital expenses. In order for the Court...
Important Tax Law Changes for Claiming Children as Dependents
At the end of 2017, Congress enacted the Tax Cuts and Jobs Act and many of these sweeping changes have a direct impact on those going through a family law issue. This blog post will attempt to outline the changes on how children are claimed for tax purposes. However,...
What Are My Rights if My Spouse Has Cheated?
Few people find it fair to learn that the answer to this question, in most Ohio cases, it is none. It seems fundamentally unfair that a married person can commit adultery and face no consequences, monetary or otherwise. Yet, in an Ohio court of law, there are no...
How to Obtain Exclusive Occupancy of the Marital Residence
During a divorce proceeding, it is not uncommon for one party to want exclusive occupancy of the marital residence, meaning that the other party would be required to vacate the residence and would not be permitted to enter without the remaining spouse's permission....
Do Non-Parents Have Any Custody Rights in Ohio Courts?
It is becoming increasingly common for grandparents and other non-parents to seek custody of children. A number of factors could contribute to this including the rise in substance use, domestic abuse, a parent passing away, etc. Some questions from a grandparent or...
How Are A Spouse’s Rights To The Other Party’s Social Security Benefits Determined In A Divorce?
One’s rights to claim Social Security benefits under their ex-spouse’s earned benefits is determined by federal law, rather than state domestic relations law. For this reason, except in very unusual situations, a divorce or dissolution decree is silent as to the...
Contested Custody Cases in Hamilton County, Ohio
Many of our clients find themselves confused about the path their case might take through court if they are unable to decide upon the custody arrangements for their children via a negotiated agreement. This blog post will explain the process for a contested custody...
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...
When Can The Child Decide?
When discussing issues of custody and parenting time, a very common question is “at what age does my child get to decide where he or she lives” or alternatively, “when can my child decide when he or she wants to see the other parent.” There is a common misconception...