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December 12, 2017 In Division of Assets and Debts, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: 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 parties’ rights to claim under the other party’s benefits after the divorce. The Social Security Administration states that you can receive benefits if you were married to an ex-spouse for more than 10 years, you are 62 or older, you are currently unmarried AND your benefits from your own work record would be lower than the benefits you would receive based on your ex-spouse’s work.  The latter determination is whether your own earned benefits are less than one-half of your ex-spouse’s benefits.  What is often surprising to most people is that a divorced spouse’s benefit does not reduce the other spouse’s earned benefit.  In other words, the Social Security Administration...

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,...

August 21, 2017 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: 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 that at a certain age, whether it is 12 or 16, that a child will have the right to determine which parent has custody or what his or her  parenting time with each parent will be.   However, that is not the case in Ohio. Rather, under Ohio law, both custody and parenting time, is determined by the Court after considering a wide range of  relevant factors which help the Court to ascertain what is in the child’s best interest. (O.R.C. 3109.04 and 3109.051) Some of these factors include the wishes of the child’s parents, the child’s interactions and interrelationship with his or...

July 5, 2017 In Child Custody, Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: The Role Of The Family Relations Specialist In Collaborative Divorce

When a couple decides on a collaborative divorce, each party must engage his or her own attorney; preferably an attorney who has been trained in the collaborative model.  There are other professionals that can be engaged and it is up to the parties and their attorneys to decide if other professionals are appropriate.  There are two types of professionals that are part of the Cincinnati Collaborative Group Practice.  These are family relations specialists (“FRS”) and financial neutrals.  This post addresses the role of the family relations specialist.   Our family relations specialists are all psychologists or trained therapists.  Generally speaking, the FRS uses their specialized skills and training to coach people through the major transition of ending their marriage.  In addition to the purely legal considerations in a marital termination, social, emotional and parenting concerns are among the many issues competing for the couple’s attention.  The goal is to navigate through these...

May 15, 2017 In Child Custody By Laura Thudium

Cincinnati Family Law & Divorce Blog: Is it Important to Establish Paternity in Ohio?

When a child is born to married parents or within 300 days of the termination of a marriage, there is a legal presumption that the husband is the father of the child. However, it is increasingly common that children are born to unmarried parents. In this case, there is no an automatic presumption, and fathers must take further steps to establish paternity. Establishing paternity is important because it is necessary for fathers to establish parenting rights, for the child to be able to inherit Social Security and Veteran’s benefits from the father, and it provides a sense of identity for the child.   There are a few different options on how an unmarried father may establish paternity. Both parents can sign a Paternity Affidavit, a document that acknowledges who the biological parents are without the need for genetic testing. This form is usually generated by the hospital but it can also be...