There was a time when the court was involved in every divorce action. Today, with careful use of alternative dispute methods, you may be able to create satisfying divorce agreements without as much, or any, reliance on the court. Here are some important points to understand about approaches to working through the primary divorce issues of child custody, child support, and property division in Ohio:

• The kitchen table: Some couples are able to work though basic agreements together. While it is a good sign that you can still work with your spouse as you head toward divorce, these conversations are best used to talk around the issues, identify assets, and discuss how you want to handle parenting, if you have children.
• Mediation: With a neutral mediator, you and your spouse can privately work out the same agreements that you would have at the kitchen table. If your mediator is an experienced family law attorney, they can steer you through pitfalls of which you might not be aware. A mediator helps you talk through issues, overcome challenges, and make legally sound agreements. If your mediator is not experienced with Ohio law, be sure to have your mediated agreement reviewed by an attorney before you sign.
• Negotiation: Negotiation allows you and your spouse to use an attorney in an informal setting, to help you work through the agreements. With experienced divorce attorneys in the room, you can gain immediate, reputable feedback on how your anticipated agreement will work for you, your family, and into the future. You can choose to have your attorneys discuss the issues, or you can discuss them with your spouse, with the attorneys present.
• Collaborative Law Process: Since 2013, Ohio has had a law permitting families to use Collaborative Law to solve family conflict in a more private setting. The parties must sign an agreement to participate in the process, which includes both parties being represented by specialized divorce attorneys and can include other specialist such as financial or mental health experts. The attorneys involved help the parties understand the legal aspects and consequences of their decisions, but the process is not supposed to be adversarial or confrontational. Once the parties reach an agreement, the attorneys put the paperwork together and submit it to the court. If the process breaks down, and litigation ensues, the attorneys are not permitted to continue to represent the clients in the contested matters.

While kitchen table agreements can be low conflict, it is important to personally speak with an experienced divorce attorney to ensure your rights are protected. Some spouses unwittingly sign agreements that do not serve their best interests, or the interests of their children. Your agreements should align with Ohio law and your wishes for the future.

Despite the benefits of low conflict communication during divorce, a lot of couples have difficulty with mediation or negotiation. Ohio courts provide structure for working through the entire divorce process or just handling particularly contentious issues like child custody or spousal support.

If you have a spouse who is interested in working out the details of your divorce outside of court—it could be worth the conversation.

Experienced Divorce Attorneys Serving Southern Ohio

With office locations in Chillicothe and Waverly, the law firm Seif & McNamee, LLC delivers trusted legal service on contested and uncontested divorce matters in Ohio. When you have questions about child custody, spousal support, or property division, we provide accurate, straightforward legal counsel. Call 740.835.4882 or contact us today.

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The State of Ohio expects both parents to provide financial support for their children. While either parent can support their child financially for as long as they want, court-ordered child support ends when a child reaches milestones that include:

• Graduation from high school: Child support does not automatically end when a child turns 18, unless the child is no longer attending an accredited high school. The state recognizes that many children are still attending high school when their 18th birthday passes.For that reason, child support is not terminated until a child graduates from an accredited high school.
• Military service: If a child enlists in the Armed Services, a child support order can be ended.
• Changes in child custody: If a court-ordered change in custody occurs, the obligation of child support may shift or terminate. This may also occur if the child is legally adopted, or emancipated.
• Marriage: When a child marries, the obligation of child support can be terminated.
• Deportation: If a child is deported from the US, court-order child support can be halted.
• Death: If a child passes away, child support ends. The obligation of paying child support also ends if the parent who was paying child support dies.

Short of terminating a child-support order, Ohio also allows legal guardians to apply for a review of their child support payments under certain conditions.

Applying to alter your child support order if your financial condition changes

For many reasons, you may experience an inability to pay your child support obligation through no fault of your own. If you are unemployed, or laid off for at least 30 consecutive days, you can apply for a review and adjustment of your child support obligation.

In addition, the financial circumstances of both parents are reviewed every 36 months in the event there has been a considerable change in the financial stability of either party.

Reductions in child support have a ripple effect and could cause financial instability if you are the parent who receives child support. An adjustment to the child support order is not guaranteed and either party has a short window of time to object to an application to change the child support orders in their case. As it currently stands, child support agencies cannot award a deviation from the calculated support amount, even if the parties agree and even if it is already a part of your court order.

Whether you pay or receive child support, if either party applies for an upward or downward adjustment, it is a good idea to speak with an Ohio child support attorney who has experience with post-judgment child support and other divorce issues.

Experienced Family Law Attorneys Serving Waverly and Chillicothe

Providing trusted advice to clients in Southern Ohio, Seif & McNamee, LLC delivers committed, skilled legal service when you have questions about child support, child custody, or divorce. Call 740.835.4882 or contact us today to discuss your case, or set up a consultation. We look forward to meeting you at our conveniently located offices in Chillicothe and Waverly.

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When a marriage relationship comes to an end, the parties must untangle their lives
and begin the process of living apart from one another. Often, emotions,
children, and excessive debt can make it a complicated and contentious divorce
process. However, sometimes the separation is amicable and by mutual agreement.

No matter how complex the issues may be, there are often ways that married individuals can find agreement on how to separate their lives, belongings, and interests. If everything can be agreed upon, the parties can enter into a Separation Agreement. This document is a contract that explains how the parties will separate everything they have together. If this situation involves children, the Separation Agreement will contain provisions about how the parties will continue to parent their children apart or will often be accompanied by a Shared Parenting Plan.

The Separation Agreement

The parties can file their Separation Agreement with the Common Pleas Court and petition the court for a dissolution. The dissolution process takes less time and is less expensive (in terms of legal fees) than filing for divorce. However, the parties must be in complete agreement and must be willing to come to court for a brief hearing, so the court can approve the agreement.

If the parties cannot come to a complete agreement, the individuals often feel “in limbo” with no set guidance on how to live apart, and one party will usually end up filing for divorce. This does not mean that the parties cannot later come to an agreement and settle the matter before it would be presented to a judge or magistrate to decide. The parties have to agree on everything, including why they want a divorce. Usually the grounds are incompatibility or living separate and apart for over one year. (You do not need to prove that your spouse is at fault to get a divorce in Ohio.)

After a divorce is filed, it usually takes time to understand what assets, debts, and other issues need to be considered to finalize the divorce. When divorce attorneys are involved, they will often know best how the court will view the issues presented and what is “fair and equitable.” Settlement proposals may be exchanged and if the parties can agree, they can notify the Court that they would like to have an Uncontested Divorce Hearing, which is similar to the hearing in a dissolution.

Whether filed as a dissolution with a Separation Agreement, or as a divorce which ultimately settles, the court must hold a hearing to take some testimony from the parties. These hearings are relatively short and therefore easier for the court schedule. The court needs to know that the parties are in agreement about why they want the divorce and how they will divide property and debts. When children are involved, the court must also hear that the agreement furthers the children’s best interest.

Reviewing The Separation Agreement

When parties to a divorce or dissolution present an agreement, the court generally will approve it if it seems fair and equitable to both parties. The court will not wade through the details or perform calculations to be assured that the agreement is fair. Courts often take the view that the parties know best the value of their assets, what belongings each has, and the various obligations that are coming out of the marriage. So, even if you have an agreement, it is advisable to have a divorce attorney who works in the area of domestic relations to review it.

For example, you may be in agreement that your spouse can keep the home you purchased together. However, if you used your pre-marital savings to make the down payment, you may be entitled to a greater portion of the equity. Similarly, if you and your spouse are sharing custody of your children and you agree that you don’t want any child support, it may be very difficult to change this as the children get older (and more expensive) if you don’t have the proper language in the order. A divorce attorney can help you consider things that you might not be thinking about that will help keep you out of court later.

If you have questions about the divorce or dissolution process, speak with a skilled divorce attorney to schedule an initial consultation. We practice family law in Ross, Pike, Pickaway, Jackson, and surrounding counties.

The post What Is Divorce By A Separation Agreement? appeared first on Seif & McNamee.

The most basic definition of power of attorney is that it provides legal authority another person or organization to act in your behalf in certain circumstances.

While this may come in different forms (healthcare, special, durable, etc.), each contains the common element that the person who assigns power of attorney is giving another party the ability to act in his or her stead.

Assigning general or durable power of attorney is an important step in creating a thorough estate plan. It protects you and your property in the event you become incapacitated, as you know the person to whom you have assigned power of attorney—known as your “agent”—will act in your best interests and per your wishes.

The following are seven important pieces of information to know about power of attorney as you prepare to work with an estate planning attorney:

1) What does a power of attorney do for me? In the event of your incapacitation, the agent acts on your behalf on various legal, financial and/or healthcare matters, as outlined in your agreement.

2) Why is it important to have an attorney-in-fact? If you have not specified who will be your agent, you risk not having your wishes carried out upon your incapacitation. This could lead to some stressful and unnecessary legal battles, during which you will not be able to specify your actual wishes. Rather than having your loved ones argue in court about what you would have wanted, you can clearly specify your wishes and have someone act and make decisions for you.

3) To whom should I assign power of attorney? You should only assign power of attorney to someone who has your full trust. Choose a relative, friend or attorney who you feel confident will look out for your best interests in all circumstances—especially when you are most vulnerable.

4) Can I change who has power of attorney? You and your attorney will need to sign a document that names your agent. After this document has been certified, you are still able to change who has power of attorney at any time, or completely revoke the document altogether.

5) When does power of attorney go into effect? A durable power of attorney is effective immediately without any medical finding or opinion. A springing power of attorney arrangement only goes into effect when you are unable to make decisions because of mental or physical ailments, or because of your physical absence. In healthcare settings, it typically takes a doctor signing a form stating you are not “of sound mind” to make decisions for yourself.

6) What is the best way to assign power of attorney? Many people choose to assign power of attorney through a living will. This document specifies the types of end-of-life care you wish to receive and goes into effect upon your incapacitation.

7) What happens if I am no longer incapacitated? If you have a springing power of attorney and recover from the incapacity event or illness, then with a doctor’s or medical opinion to support that you have regained the ability to make decisions for yourself, your agent can no longer make decisions for you.

For more information about power of attorney and other key elements of your plan for the future, work with a skilled Ohio estate planning attorney right away.

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Often, emotions, children, and excessive debt can make it an extremely complicated and contentious process. However, sometimes the separation is amicable and by mutual agreement.

No matter how complex the issues may be, there are often ways that married individuals can find agreement on how to separate their lives, belongings, and interests. If everything can be agreed upon, the parties can enter into a Separation Agreement. This document is a contract that explains how the parties will separate everything they have together. If this situation involves children, the Separation Agreement will contain provisions about how the parties will continue to parent their child/ren apart, or will often be accompanied by a Shared Parenting Plan.

Separation Agreement

The parties can file their Separation Agreement with the Common Pleas Court and petition the court for a dissolution or legal separation. The dissolution process takes less time and is less expensive (in terms of legal fees) than filing for divorce. However, the parties must be in complete agreement and must be willing to come to court for a brief hearing so the court can approve the agreement.

In a legal separation, the parties stay married, but the Separation Agreement dictates how they will live separate and apart. This is often done for religious reasons and when couples are not sure that they want to terminate their marriage but they want to live separate and apart.

Divorce Settlements

If the parties cannot come to a complete agreement, the individuals often feel “in limbo” with no set guidance on how to live apart, and one party will usually end up filing for divorce. This does not mean that the parties cannot later come to an agreement and settle the matter before it would be presented to a judge or magistrate to decide. The parties have to agree on everything, including why they want a divorce. Usually the grounds are incompatibility or living separate and apart for over one year. (You do not need to prove that your spouse is at fault to get a divorce Ohio.)

After a divorce is filed, it usually takes time to understand what assets, debts, and other issues need to be considered to finalize the divorce. When attorneys are involved, they will often know best how the court will view the issues presented and what is “fair and equitable.” Settlement proposals may be exchanged and if the parties can agree, they can notify the Court that they would like to have an Uncontested Divorce Hearing, which is similar to the hearing in a dissolution.

Court Approval of the Agreement

Whether filed as a dissolution with a Separation Agreement, or as a divorce which ultimately settles, the court must hold a hearing to take some testimony from the parties. These hearings are relatively short and therefore easier for the court schedule. The court needs to know that the parties are in agreement about why they want the divorce and how they will divide property and debts. When children are involved, the court must also hear that the parties believe the agreement furthers the children’s best interest.

When parties to a divorce or dissolution present an agreement, the court generally will approve it if it seems fair and equitable to both parties. The court will not wade through the details or perform calculations to be assured that the agreement is fair. Courts often take the view that the parties know best the value of their assets, what belongings each has, and the various obligations that are coming out of the marriage. So, even if you have an agreement, it is advisable to have an attorney who works in the area of domestic relations to review it.

For example, you may be in agreement that your spouse can keep the home you purchased together. However, if you used your pre-marital savings to make the down payment, you may be entitled to a greater portion of the equity. Similarly, if you and your spouse are sharing custody of your children and you agree that you don’t want any child support, it may be very difficult to change this as the children get older (and more expensive) if you don’t have the proper language in the order. An attorney can help you consider things that you might not be thinking about that will help keep you out of court later.

If you have questions about the divorce or dissolution process, please contact our office to schedule an initial consultation. We practice in the area of family law in Ross, Pike, Pickaway, Jackson, and surrounding counties.

The post Is It Possible To Divorce Amicably? appeared first on Seif & McNamee.

After all, the parents (not the judges or lawyers) are the ones in the best position to know what that is. Whether they are going through an initial custody case, like in a divorce or paternity action, or if they are seasoned litigators who can’t seem to stay out of family court — getting parents on the same page can be a monumental accomplishment when you are dealing with different personalities, preferences, and parenting styles. After all, if the parents were good at this, they wouldn’t be in court.

Our Family Wizard

For several years now, I have suggested the parenting program, Our Family Wizard, to try to alleviate some of the communication issues I often see in custody and visitation cases. It is a program that puts all communications and information about a child in a central location for the parents. As a guardian ad litem, I have recommended it to get parents to use the same calendar and to have a localized place for sharing medical information, events, and messages. As a divorce and custody attorney, this program allows me to connect to my client’s account and retain messages and communications between the parents. There is also a “tone-meter” that ourfamilywizard.com describes as an “emotional spell-check” for your messages. It is an ad-on, but it seems like a good idea for parties who tend to get heated over email and text.

This program is not cheap, though. A year subscription currently runs each parent $99.00. And after all of my recommendations, I have had just a handful of clients actually use it, and I have never heard any feedback about whether the parents continued to use it, whether it actually helped to address some of the issues, or if it was worth the subscription.

Then recently I was participating in an informal settlement meeting with two parents and an attorney. I was there as the guardian ad litem for the parties’ children. After working out some of the heftier issues – whether they could continue shared parenting and whether the parenting time should change – the weeds started to take over. One parent was upset that the insurance cards for the children had not been shared. The other parent got caught up in how they should divide the Christmas holiday. Then the dreaded issue of braces for one of the children came up and we spent a good deal of time trying to figure out how much the bill was, how much each parent owed, how to change the payment plan, and how to keep track of it all.

If the parties can try to plan ahead, share information with each other (and not through the kids), and organize their finances regarding the children, these problems can be addressed. These issues just seem overwhelming because they are layered in judgment, assumptions, and emotional responses. So here again, I asked the parties if they would be willing to try Our Family Wizard. After explaining how it might be beneficial, both parents liked the idea but seemed unwilling due to the cost. Children are expensive enough, and now they each have costs related to litigation.

I suggested that I could research some calendaring apps, which might not have all of the functionality of Our Family Wizard, but could be used as a cost-effective substitute. I ended up finding out a lot — here are my experiences trying out several co-parenting apps on my iPhone:

2houses – on par with Our Family Wizard and slightly less expensive

When I went to this app, it was available for download for free. However, once you login, you are notified that you are using the the program through a free 14-day trial. I visited the website, 2houses.com, which indicates the pricing for a family is $9.99/month when paid for a full year. So, this option would be slightly less expensive than Our Family Wizard, but the parties will have to agree on how to divide that costs.

2houses appears to have a lot of the same features as Our Family Wizard, and is very user friendly, organized, and intuitive. For the parents I described above, this app would manage their schedule, expenses (and percentage of costs/payments for each), and the children’s medical information. Parents can upload pictures into albums or document folders and can keep track of their communications. 2houses also sends out emails with parenting tips and help with using the app.

The only downfall I could find in my limited use was that there was not an option for reminders or notifications to pop up on your phone. I might be overlooking this function, so if I find it later, I will update this review.

AppClose – overall best choice due to its features and cost (free!)

I overlooked this app at first because I didn’t think it had anything to do with parenting. It turned out to be my top choice for the parents in my example above. First, it’s free. Second, it’s very user friendly and has most of the features to address common parenting disputes. It keeps track of messages and shows you the latest when you open the app. The shared calendar provides schedule templates, with descriptions like “Alternating weeks” and an explanation of how that schedule is followed. Parents can use a template with specified days/times and apply it to one or more children, or have the option to customize the entire parenting time schedule. Parents have the ability to create events, notify family members, and create reminders. Parents can request a parenting time trade or drop off/pick up change in the app. The reimbursement request has an option to attach an image and allows parents to keep track of their share of the expense and payments that are made.

This app includes a place to keep important, detailed information about each child, but parents will need to do some customization when it comes to organizing that information. I found this app easy to navigate and fairly intuitive after getting accustomed to it. This would be the best alternative to the subscription services mentioned above.

Also, this app, available at appclose.com, has a separate side for attorneys to communicate with clients and accept electronic payments.

Fayr – might be a better “custody tracker” than co-parenting tool

This app is interesting. The download is free, but again, it involves a 14-day trial. The subscription option is $4.99/month. The application is very nicely designed and walks you through the setup fairly easily. There is a shared calendar and messaging system. I did not find anywhere to enter or share detailed information about the child. However, it does have a “check-in” system that uses the phone’s gps to create a time entry of where the parent is at a specific time. This might be a nice feature if late pick ups or drop offs are the main source of conflict, or if manipulation of or interference with parenting time is an issue. This seems to be more of a tool for litigation than for co-parenting, though.

SharedCare – not a bad option, especially for families co-parenting outside of the U.S.

This app is available for $3.99 and can be downloaded at sharedcare.net.au. It provides a shared calendar, location for basic health information, recording of expenses, and shared messages. Parents enter their parenting time schedule under what is called a “Care Plan” but it does not have the option to list specific times for drop off/pick up. Expenses can be entered, but cannot be edited. There is a nice “report” function that will send an expense report to your email with one click.

After creating my sample account, and entering information like the child’s profile and sample expenses, when I revisited those areas later, the information I entered was missing. Since some of the reviews I read said the app was prone to glitches, I sent a message to the app’s support email and had a response within a half hour. I have not had any other issues and the support tech explained that an update would be coming, so hopefully my glitch would not be a concern (although losing information is the worst and if it happened again, I would not recommend this app). Also, because this app appears to be used in a number of different countries, some of the terminology might be confusing and it doesn’t seem intuitive in some areas.

Co-Parent Central – not exactly the one-stop-shop the name suggests

This is a free app that only provides a shared calendar service. Parents can create their parenting time calendar by using a pre-set template, or customizing the days. However, entering specific times for pick up /drop off is not an option. Parents can create events with notifications, and request exchanges of time with the other parent through the app.

If calendaring is all that is needed, this app might be an option, but with other free applications available that do more, it doesn’t seem that useful.

Kiganzier & Custody Connection

Two apps that also came up in my searches were Kidganizer ($1.99) and Custody Connection (free for 30 days). These both created notifications upon download and opening that the app would slow down my phone and the developer needed to update the app. The interface of both appeared outdated, so I don’t recommend them.

I would also suggest that parents be wary of other apps that are not designed for sharing information, but designed primarily for tracking it (i.e. litigation preparation). If you are serious about co-parenting, I recommend that parents try to peel away the layers of emotions that surround a conflict, try not to make assumptions about the other parent’s behavior or their motivations, and just try to figure out what steps can be taken to prevent the specific disagreement at hand. In the end, there may not be an app for that, but I can’t see a downside in trying one out.

For help with a child custody matter, meet with a skilled Ohio family law attorney at Seif & McNamee today. From our offices in Waverly and Chillicothe, we serve individuals and families throughout the state.

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