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Family Law Archives

Divorce after retirement carries unique challenges

As people in Ohio and across the United States lead longer, healthier lives for years past retirement age, the divorce rate for older couples has grown dramatically. While the divorce rate for American couples has actually declined overall, the rate of divorce for couples over the age of 50 has escalated continually since 1987, growing by over 50 percent. One in four couples decides to divorce after the age of 50, particularly with the approach of retirement age and the "empty nest" after children leave the home.

Demographics of wage garnishment for child support

Ohio workers and other workers in the Midwest may be more likely to have their wages garnished than workers in other parts of the country. These were among the findings of a study conducted by the ADP Research Institute that was released on Sept. 27. The study found that more than 70 percent of garnishments were of men's wages and that those garnishments were largely for failure to pay child support. Women's wages tended to be garnished for other types of debt such as student loans.

Co-parenting after divorce in Ohio

Divorce may change the structure of your family, but it doesn't change your role as a parent. Divorced parents are still responsible for child support payments, parenting time or a combination of both. While you may be rightfully concerned about how life will change, you can be assured that the law recognizes the importance of both parents in a child's life.

Getting a DNA test to establish paternity

When Ohio parents who are not married are going through a custody battle, it is likely that the court will need to establish paternity before the case can move forward. Establishing paternity identifies the biological father of a child, gives that person certain rights to the child, and allows the mother to seek child support if appropriate.

Prenuptial agreements can provide benefits

After accepting a marriage proposal, few people relish the idea of their soon-to-be spouse asking them to discuss the terms of a prenuptial agreement. Among the many uncomfortable conversations to come up, prenups may be the least enjoyable to start on both ends. However, they do offer several benefits to an engaged Ohio couple.

Understanding child support calculators and worksheets

Divorced Ohio parents who have minor children and who are trying to figure out how much child support that they might be required to pay or that they might receive often use child support worksheets or calculators to estimate the amounts. While these calculators can provide an estimate of what might be ordered, they do not give definitive amounts.

Deportation fears lead to child custody concerns

Immigrant families in Ohio and across the country are worried about the impact of detention and deportation on their children. Many undocumented people have children who were born in the U.S. and who are thus considered American citizens. While the parents could be threatened with detention or deportation, especially amid the intensified and public campaign around immigration issues, these children have the right to stay in the United States and continue their lives. However, without their parents by their side, they are also at risk of being thrown into the social services system.

When children want to live with their noncustodial parent

After a divorce of parents who have young children, there will likely be a parent who the child physically spends the majority of their time with. However, the child may express a desire to live with the noncustodial parent. Depending on the maturity and age of a child, in Ohio, the child's wishes may be taken into account. If there is no legal child custody agreement in place, children may live wherever they like as long as the parents are in agreement.

What to do in a child custody hearing

Ohio parents who are involved in a child custody dispute may be tempted to try to convince the court that they are more fit to be the custodial parent. However, this can backfire. If a parent appears to be bitter toward the other parent, the judge may conclude that parent is less fit because of an unwillingness to compromise. The parent should also avoid speaking on behalf of the child because this could also create a negative impression on the judge. Most older children will have the opportunity to state a preference about which parent they would like to live with.

Obtaining back child support

Many families in Ohio depend on child support to ensure that their children's expenses are paid for. Custodial parents who are seeking an order for support as part of the divorce decree may sometimes want to collect retroactive support, such as fro the date of physical separation.


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