Sowald Sowald Anderson Hawley & JohnsonFindLaw IM Template2024-03-01T16:37:59Zhttps://www.sowaldlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201372/2019/09/cropped-favicon-min-32x32.jpgOn Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=546442024-02-21T04:23:42Z2024-02-21T04:23:42ZPeriodic review of child support arrangements
Ohio’s statutes refer to the parent who makes child support payments as the “obligor” and the parent receiving payments as the “obligee.” State law gives the obligor the option to request a modification to child support every 36 months.
This arrangement takes into account that a child’s needs or a parent’s circumstances may gradually change over time. As with the initial order, the court reviews both parent’s income, the necessary expenses for child care, the time each parent spends with the child and other relevant factors to determine support payments.
A sudden significant change in circumstances
Fortunately, obligors do not have to wait every three years to modify child support if they experience a drastic change in circumstances. Anything that impacts the ability to pay child support can merit requesting a modification. Valid reasons for modifications include the following:
A 30% decrease in income or assets
A disability
A job loss
Incarceration
To begin the modification process, the obligor can request the appropriate paperwork from the local child support office.
Parents must remember that the support order originates from either the local child support enforcement agency, Domestic Relations Court or Juvenile Court. The obligor has to be sure to file the forms with the agency that issued to order to get an official change to the modification.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545972023-12-27T19:51:48Z2023-12-27T19:51:48ZFinancial relief
One strong advantage of withdrawing from retirement funds is the immediate financial relief it offers. This can be particularly appealing when confronted with the need to pay for your divorce and other expenses associated with a major life change.
Debt avoidance
Utilizing retirement funds may help you avoid accumulating debt. By bypassing loans or credit cards, you can sidestep the burden of high-interest debts that could linger post-divorce. Additionally, the ability to control your finances during a tumultuous period can provide a sense of empowerment.
Asset division
Be aware that withdrawals introduce potential complications into the division of assets. Using retirement funds may make asset division more intricate, often leading to negotiations and disputes over the perceived fairness of the distribution.
Long-term impact
Despite the immediate advantages, the long-term repercussions of withdrawing from retirement funds merit careful consideration. Premature withdrawals can impede the growth of your retirement savings, as you forfeit the compounding effect. This decision may compromise your ability to enjoy a comfortable retirement, raising concerns about financial security in later years.
Taxes
Tax implications are a critical aspect to factor in. Depending on the type of retirement account and your age, penalties and income tax on the withdrawn amount may apply. For instance, IRA withdrawals made before the age of 59 ½ typically incur a 10 percent penalty.
Researching how withdrawals impact your specific situation ensures you make a decision about your retirement funds that aligns with your overall financial needs and goals.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545902023-10-21T15:32:53Z2023-10-21T15:32:53ZEquitable division of assets
Valuing belongings helps ensure that the division of assets is fair and equitable. These items may hold sentimental or financial value and can significantly impact the final property settlement. By accurately assessing their worth, both parties can reach a more balanced agreement.
Fewer conflicts and disputes
Without proper valuation, disagreements may arise over the value of personal items. These disputes can escalate the emotional turmoil of divorce. Valuation can provide an objective assessment that minimizes such conflicts.
Transparency in financial disclosures
Many divorce proceedings require full financial disclosure from both parties. Valuing personal belongings helps in meeting this requirement. It demonstrates that both spouses are willing to provide an accurate account of their assets, fostering trust in the negotiation process.
Protection of your rights
Without knowing the true value of personal belongings, you may unknowingly forfeit assets that rightfully belong to you. Valuation ensures that you receive your fair share of the marital estate. For example, larger-sized works from emerging artists can sell for $10,000 to $15,000 each, not an insignificant sum.
Tax implications
The valuation of personal items can have tax implications. If, for instance, one spouse receives valuable art or jewelry pieces, they may be subject to capital gains tax when selling or transferring these assets in the future. Knowing the value of these items allows for better tax planning.
Insurance and replacement
After the divorce, it is important to update insurance coverage to reflect the new ownership and value of assets. In case of loss or damage, knowing the value of these items helps in obtaining appropriate compensation or arranging replacements.
Hidden assets prevention
One spouse may attempt to hide or undervalue assets to gain an unfair advantage. Valuation can help uncover such attempts and account for all assets.
By acknowledging the significance of proper valuation, individuals going through a divorce can make the process more straightforward and less contentious. This ultimately allows for a smoother transition into the next phase of their lives.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545862023-09-11T15:47:49Z2023-09-11T15:47:49ZKeep communication open
Encourage open and honest communication with your children. Let them know that they can express their feelings and concerns without judgment. Create a safe space for them to talk about their emotions.
Give reassurance
Reassure your children that the divorce is not their fault. Children often internalize blame for their parents' separation, so it is essential to emphasize that this is an adult decision and does not reflect on their worth or behavior.
Maintain routines
Make an effort to uphold a structured routine and a stable environment in your children's daily lives. The steadfastness that consistency offers can grant them solace and a feeling of regularity amidst the turmoil they may be experiencing.
Practice patience
Understand that your children may need time to process their emotions and adjust to the new situation. Be patient and allow them the space to grieve and come to terms with the changes in their family.
Minimize conflict
Steer clear of entangling your children in conflicts that arise between you and your former spouse. Engaging in disputes and displaying hostility can inflict significant harm on your children's emotional welfare.
Practice healthy co-parenting
Work with your ex-spouse to establish a healthy co-parenting relationship. Consistency in rules and expectations between households can reduce confusion and anxiety for your children.
Helping your children through a divorce is not always easy. This is a time that is hard for the whole family. Remember that your role as a parent is to give them love and support so that they thrive despite the changes in the family dynamic.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545742023-08-29T17:39:30Z2023-08-29T17:39:30ZReaching consensus through mediation
The mediation process requires both partners to work together with a neutral third party (a mediator) to reach agreements on property division, financial considerations and child custody elements.
Drafting a mediation agreement
When the parties reach agreements on the applicable factors, those decisions provide the foundation of the mediation agreement. The agreement is a detailed record of the decisions reached in mediation so that both parties clearly understand the situation and expectations.
Obtaining court approval for binding agreements
Once both parties review and agree to the mediation agreement, the court must approve it. Upon receipt of the court’s approval, the mediation agreement becomes part of the final divorce decree. That makes it a legally binding court order.
Adhering to the agreement
When a judge approves the mediation agreement and issues your divorce decree, that binds both of you to the terms of the agreement. If you find that you need changes to the agreement after the fact, modifications require court approval. Petition the court with the grounds for the modification and any supporting evidence if you need to adjust the agreement later.
According to Forbes, a litigated divorce can take at least a year. Choosing mediation instead will help you settle your divorce sooner, but you need to understand when that mediation agreement becomes binding. The more you understand, the easier it is to follow the laws.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545622023-07-21T20:19:55Z2023-07-21T20:19:55ZNavigating co-parenting conflicts
In a typical co-parenting relationship, people who are divorced, separated or unmarried work together to raise their children in a collaborative, mutually beneficial way. To make this arrangement succeed, co-parents must be willing to discuss issues openly and make compromises. Co-parents often share custody, attend events together and make decisions cooperatively. When parents have significant interpersonal animosity or frequent disagreements, co-parenting becomes more challenging. Some co-parents can benefit from seeing a family counselor or pursuing mediation to resolve disputes. However, parents should be aware that staying involved in their children's lives is possible under alternate arrangements like parallel parenting.
Benefits of parallel parenting
The parallel parenting model allows both parents to take on the obligations and rights of parenthood while maintaining their boundaries and reducing family conflict. Parents can develop a parallel parenting plan that separates specific responsibilities and sets a clear and consistent schedule for child custody and visitation. A parallel parenting plan can promote stability and help keep children distanced from parental disagreements. Often parallel parenting arrangements rely on written or electronic communication instead of verbal conversations. For example, parents can use a childcare book and record updates about their children's lives, routines and goals.
When co-parenting causes problems, parents should consider different strategies. Parallel parenting enables unmarried, divorced or separated parents to create supportive routines for their children while avoiding unnecessary conflicts.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545382023-06-26T20:43:19Z2023-06-26T20:43:19Zmediation. To make better decisions, it is important to debunk these myths.
Myth #1: Mediation is only for amicable divorces
One of the most prevalent misunderstandings is that mediation only suits couples who are on good terms and can easily come to an agreement. The truth is that mediation can be especially beneficial if the couple is experiencing high levels of conflict. The presence of a neutral mediator can help facilitate communication and guide the couple toward finding common ground.
Myth #2: Mediation is a one-size-fits-all solution
Another common misconception is that mediation is a one-size-fits-all solution. In reality, mediation allows couples to have more control over the process and the final agreement. Whether the couple has complex financial issues, child custody disputes or other specific concerns, mediation can address the problem at hand.
Myth #3: Mediation is giving up
One of the most persistent myths about mediation is that it requires people to give up their rights or make unfair compromises. However, the purpose of mediation is to find a resolution that is fair and equitable for both parties.
While mediation is not for everyone, many people turn away from it for the wrong reasons. By dispelling the most common myths, couples will be better able to weigh their options.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545372023-06-02T21:01:14Z2023-06-02T21:01:14ZUnderstanding child support calculations
Child support in Ohio uses a formula based on both parents' incomes, the number of children and the amount of time each parent spends with the child or children. It aims to maintain the child's standard of living as if the parents lived together. It is important to note that the court bases child support payments on annual income and care percentages, which means that a short-term change in the custody schedule will not affect the child support amount.
Summer custody changes
With children out of school for the summer, many parents must change their custody arrangements to ensure the children are properly taken care of. This short-term change often leads them to question whether there might be a decrease in one parent's financial responsibility or an increase in the other's. However, given that child support calculations use a 12-month period, these temporary custody changes will not affect the child support payments. The annualized nature of child support calculations absorbs these seasonal fluctuations and allows parents to make temporary adjustments to their custody plans without having to go back to court.
It is important for parents to understand that the courts have designed child support with the child's best interests in mind, ensuring consistent support and care throughout the year. Therefore, understanding that a temporary change in the custody schedule will not affect child support obligations is crucial for maintaining fairness and stability.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=545312023-04-19T20:10:33Z2023-04-24T20:10:22Zcustody decisions, you can better prepare for the process and work towards the best outcome for your family.
The child's preference
In Ohio, the court may consider the child's preference when determining custody arrangements, but the child's wishes do not dictate the final decision. The court will evaluate various factors to determine the best interests of the child, which is the ultimate goal in custody decisions.
The child's preference carries more weight if the child is older and can express their reasons for their choice. However, the court will still consider other factors to ensure that the child's best interests are met.
Other factors considered in custody decisions
Aside from the child's preference, Ohio courts will consider several other factors when determining custody arrangements. These factors include:
The mental and physical health of both parents
The ability of each parent to provide a stable and loving home environment
The child's relationship with each parent and any siblings
The ability of each parent to cooperate and communicate effectively in co-parenting the child
The child's adjustment to their home, school, and community
By considering these factors, the court aims to make a decision that supports the child's well-being and ensures that they can maintain a strong relationship with both parents.
Parents should focus on creating a stable and nurturing environment for their child, cooperating with the other parent and addressing any concerns the child may have during the divorce process.]]>On Behalf of Sowald Sowald Anderson Hawley & Johnsonhttps://www.sowaldlaw.com/?p=544542023-02-24T20:31:11Z2023-02-24T20:31:11ZAdultery is an acceptable reason to file for divorce
Ohio's family laws recognize several at-fault reasons that spouses can file for divorce, including adultery. If spouses use adultery as the reason for the dissolution of their marriages, the state requires proof of these activities. The law does not have a specific definition of adultery, so spouses collecting information about an affair can consider anything they believe proves infidelity. The evidence can be copies of texts or emails, photos of the spouse in locations that suggest an affair or eyewitness testimony.
Adultery may affect the outcome of a divorce
While adultery is an acceptable reason to file for divorce, it only affects some court decisions. Judges do not weigh who committed adultery when settling asset disputes, assigning parenting time or awarding child custody. However, judges can assess any relevant factor, including adultery, when determining alimony awards. As a result, they may be less likely to award financial support to the spouse that had an affair.
Family laws allow people to file for divorce for many reasons. Knowing that proving adultery might have benefits for the faithful spouse should encourage those partners to file for an at-fault divorce.]]>