Divorce Archives | Page 3 of 4 | Beth Silverman & Associates

January 2, 2019 In Child Custody, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: Kentucky—Presumption of Equal Time and Joint Custody

On July 14, 2018, Kentucky amended its custody laws enacting a legal presumption that joint custody and equal parenting time is in the best interest of the child under KRS 403.270. While many Kentucky Judges have informally applied such a presumption in divorce and custody matters in the past, this statute now makes it clear that the Courts must start with this presumption in all cases. It is important to note that this presumption is rebuttable by a preponderance of evidence. Therefore, parties still have the opportunity to present evidence to the Court demonstrating that joint custody and equal parenting time are not in the best interest of their child or children. In making any determination, the Court will consider the best interest factors as identified in KRS 403.270, some of which include the wishes of the parents, the wishes of the child with due consideration given to the influence...

August 6, 2018 In Child Custody, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: 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 to issue any temporary orders regarding custody, parenting time, child support and/or spousal support, the parties must be living separate and apart at the time of the request. If the parties are still residing together, the Court can issue temporary orders regarding the payment of household expenses and debts. The process for requesting temporary orders and deadlines for responses differ between the counties. For this reason it is imperative to know the Court’s local rules and procedures in your county. Furthermore, if you and your spouse reside in different counties, the local rules of each county may impact your decision regarding where to file. In Hamilton and Clermont...

June 12, 2018 In Divorce, Support By Laura Thudium

Cincinnati Family Law & Divorce Blog: 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, there are many other changes to the tax code that may impact your case that are not discussed here. It is important for you to talk to a local family law attorney and/or tax professional to review the situation based on your individual circumstances. One question that often comes up for a divorcing or separating couple is: which parent is permitted to claim the child as a dependent for tax purposes. Divorcing couples can reach an agreement, or the court will order which parent can claim the child for tax purposes. This is an important tool for negotiation and litigation because claiming...

April 18, 2018 In Division of Assets and Debts, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: 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 penalties against people who have committed adultery and, in fact, rarely will a court even be interested in hearing the details. The reason for this is a court looks at marriage like a business partnership. It is the obligation of the court to determine the assets and debts of the marital partnership and equitably divide those assets and debts, and to then decide if support is appropriate. Nowhere will you find among the factors a court is to consider whether someone was at fault. The few exceptions to this rule relate to financial misconduct or the determination of the best interest of children. If...

February 28, 2018 In Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: 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. Unless there is a court order granting one party exclusive occupancy, both spouses have the right to remain in the marital residence regardless of how the house is titled. Often one spouse may voluntarily vacate the residence. Such an action does not cause the vacating spouse to lose any property rights he or she has in the house. However, if the parties have minor children, vacating the residence could have an impact on the allocation of parental rights and responsibilities. Therefore, a party should consult with an attorney about what impact this may have on the parenting issues prior to taking any action. The process of obtaining exclusive occupancy...

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...

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...

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...

April 14, 2016 In Division of Assets and Debts, Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: Who Has The Right to Remain in the Marital Home?

In nearly all divorce cases, the question of what to do with the marital home will arise at some point. In some cases it is easy, neither party wants to stay and the home is sold, or only one party wants to stay and that person keeps the residence. But what about the cases where both parties want to stay in the marital home? How does the court decide? There are several factors that may come into consideration. Can you refinance? Often times, the mortgage on the marital home is in both parties’ names. This means that the party who wishes to stay in the home will typically need to prove that he or she has the present ability to refinance the loan into his or her own name. Refinances are usually required for two primary reasons; (1) the court favors financial disentanglement of parties to divorce cases, and (2) it...