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Nigh Law Group, LLC

Columbus Family Law Blog

Using a prenup to protect a business

People in Ohio who own a business and who are getting married should take steps to protect that business. One of those steps may be creating a prenuptial agreement. This can help ensure that the business is considered separate marital property even if the other spouse helps out in the early days of the business. If the couple is already married, the business owner can create a postnuptial agreement. It is important that each person have a separate attorney review the agreement.

Another way to protect the business is by ensuring that provisions are in place to protect it in case the owner is divorced. How this is done depends upon the type of business entity, but there are a few issues that should be considered. For example, the provisions can deny voting rights to the spouse, require all owners to have a prenuptial agreement and reduce the likelihood that the spouse can take ownership.

3 signs of parental alienation

If you went through a divorce, you know things are tough. One of the most difficult things to deal with after a divorce is your relationship with your children. If your connection with your kids feels strained and you notice it getting worse, it is a possibility that you are a victim of parental alienation.

In order for a custody arrangement to work out, both parents have to compromise and encourage their children to have healthy relationships with the other parent. Maybe your ex-spouse is not following this best practice and is trying to alienate your children from you instead. Here are some red flags.

Healthcare politics influencing divorce decisions

Once the Affordable Care Act became fully effective in 2014, people in Ohio who lost health insurance through a spouse's employer after a divorce had options for coverage, even if they had pre-existing conditions. The new law prohibited insurers from charging higher prices to people with existing health problems when they needed to buy individual insurance plans.

The turmoil at the federal level since Congress began circulating bills to repeal the consumer protections within the health insurance market has caused some people to delay their divorces. Financial planners and divorce attorneys have reported that the uncertainty about the availability and affordability of health insurance has stalled many people's plans to split.

Military occupations prone to career stress and divorce

Many workers in Ohio feel stress on the job, which can turn into relationship difficulties. When the career-oriented website Zippia examined U.S. Census data, it looked for the occupations with the highest divorce rates by age 30. Military jobs took three spots in the top 10 careers most associated with divorce. People working as first-line enlisted military supervisors had the highest divorce rate at 30 percent.

Unsurprisingly, deployments strain military marriages. A breakdown of divorce rates measured by the Armed Forces Health Surveillance Branch showed that the under-30 divorce rate for people in the U.S. Navy was 12.52 percent. Marines experienced a rate of 8.9 percent, and marriages among Army personnel ended at a similar rate of 8.48 percent. The Air Force had the highest divorce level at 14.6 percent.

Seeking a modification of the child support order

An Ohio parent who doesn't have primary custody of their children will most likely be responsible for paying support to the other parent. These child support payments help the primary caregiver provide food, shelter, medical care and other needs for the children. However, a change in circumstances can make it difficult for a non-custodial parent to meet payment obligations.

If this happens, parents responsible for paying child support cannot stop making payments to the best of their abilities. Those who do can be held in arrears. If they still fail to pay, they can potentially have their wages garnished, their tax returns seized or even their driver's license suspended. Therefore, it's best to act quickly if they find that they cannot make the payments.

Debunking costly divorce myths

The end of a marriage can be a serious legal, financial and personal situation. Since many people have gone through a divorce or know someone who has, they might believe they are also qualified to give advice about how the process works. This may lead many Ohio residents astray with costly and sometimes disastrous misinformation. It is important to debunk several common myths in this regard.

One of them deals with child support. It is a common belief that determining child support is a relatively simple, income-based calculation. While income does play a primary factor in this regard, there are myriad issues that can influence the final amount. It is also important to understand that few hard laws are written to determine child support. Instead, states have their own guidelines, and family court judges often deviate from them when circumstances so dictate.

Immigrants make child custody arrangements

While many immigrants living in Ohio are in the United States legally, there are some who have undocumented status. Because of changes in immigration policies, undocumented immigrants who are also parents may be concerned about the welfare of their young children, particularly if a parent or parents are detained or deported.

As a result, some parents are taking steps to protect their children by completing custody paperwork that would help ensure that their children could remain safe in the United States. In some cases, parents simply want to assign custody or guardianship to a friend or family member who can look after the child or children until the family can be reunited.

4 ways a spouse may be hiding assets before a divorce

When facing the prospect of a divorce, both spouses are likely to worry about their individual financial futures. So much so, that it is not uncommon for a husband or wife to attempt to illegally hide assets. There are a number of ways this can be accomplished, and you would be wise to pay special attention to the family's finances when divorce becomes a reality.

In a recent finance article, AOL provided tips on how to uncover the most common methods used to hide assets.

Financial preparation for a blended family

As family dynamics continue to change, more blended families are created. As Ohio residents know, a blended family might result from a divorce, marriage or remarriage, and with this new structure come issues that might be best addressed before the wedding day.

During an uncontested divorce, a couple negotiates their financial settlement as well as child custody and support agreements. However, when there is a remarriage, the new couple, both of whom might be parents sharing custody of kids, might need to discuss their financial plans for their new family. Experts recommend beginning the process with total honesty about the financial state of each family and what each person believes is fair when it comes to assets. In fact, they suggest drafting a prenuptial agreement or at least discussing the issues that would be covered by one, such as each person's financial status and how much the couple wants to combine their assets.

Divorce or separation agreements and spousal support

An Ohio resident might pay support to a former spouse after a divorce. Most of the time, spousal support is tax deductible by the payer and taxable to the recipient. However, after a man tried to deduct a payment based on an agreement with his wife, the U.S. Tax Court found that spousal support must be specifically mentioned in a legally binding divorce or separation agreement in order to be deductible

The man had been paid a bonus in 2006, and he and his spouse divorced the following year. The two signed an agreement about the portion of the bonus the man would pay his spouse. The agreement also specified that the bonus would be reported in full on his taxes. Later, a spousal support order specified that he would pay $3,270 monthly and a percentage of his income when he earned more than $12,500 in a month. However, the agreement did not make any reference to the split of the bonus.

Nigh Law Group, LLC
115 W Main St.
Ste. 300A
Columbus, OH 43215

Phone: 614-379-6444
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