Columbus, Ohio, Family Law Blog

Maintaining composure during a custody battle

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in child custody on Friday, February 8, 2019.

Family law disputes of any kind can be challenging, but those which involve kids are especially concerning in many cases. As a parent, you may be worried about your child’s future and how the outcome of the dispute will impact their lives. Moreover, you may be dealing with other serious challenges, such as a heated disagreement with your former spouse. Our law office realizes that it can be incredibly hard to work through this aspect of family law but maintaining your composure during these tough times is pivotal.

During a custody dispute, it is not unusual for a parent to feel angry, depressed or stressed out. They may also become jealous of their former partner’s success or likelihood of securing a favorable outcome. However, these negative emotions can actually get in the way of a parent’s pursuit of custody rights, and they may lead to a less favorable end result when they are not kept in check. It is crucial to maintain your composure and present yourself appropriately.

Tips for reducing stress during your divorce

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA on Thursday, February 7, 2019.

There is no way of making your way through the divorce process without feeling some level of stress. Even if you're glad to put this chapter of your life in the past, you can expect stress to bog you down every now and again.

Fortunately, there are steps you can take to reduce stress during your divorce, thus giving you the ability to make confident decisions with a clear mind.

What is a power of attorney?

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in post-divorce estate planning on Tuesday, February 5, 2019.

After a divorce, you have many things you need to change and adjust with your estate plan. It is important to make sure that you do not forget anything. One thing you may overlook is your power of attorney. According to the National Caregiver Library, a power of attorney gives the person you name, the agent, the legal authority to make decisions for you if you cannot do it yourself.

You can limit the power to only making health decisions or financial decisions, for instance. However, the power extended through this legal document essentially makes the decisions the agent makes your decisions. So, if the agent chooses to do something on your behalf, it becomes legally binding as if you made the decision yourself. Keep in mind, though, that you do control the amount of decision-making power the agent has.

What is an offshore account?

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in high asset divorce on Wednesday, January 30, 2019.

During a divorce in Ohio, one thing you may have concern over is hidden assets. If you do not discover all the assets your spouse has, the court will not consider them when dividing your assets. It becomes quite important to uncover everything. One thing to consider is any offshore account your spouse may have.

According to U.S. News and World Report, an offshore account is simply a banking account in another country. They are not illegal, which is a misconception. As long as the account holder properly reports to the IRS on the account, it is completely legal. Many people have these accounts when they travel a lot or want to diversify their assets. Some people may open such an account for a foreign inheritance or if they have relatives in a foreign country. If your spouse fits into one of these categories, you should consider searching for offshore acocunts.

Child support enforcement: Things you need to know

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA on Wednesday, January 23, 2019.

If the court requires your ex-spouse to pay child support, you expect to receive payment in full and on time every month. While this may happen at first, you never know what could go wrong down the road.

If your ex stops making child support payments for any reason, you'll want to learn more about your legal rights. There are steps you can take to collect what's owed to you, and you shouldn't hesitate to proceed if you're unable to work things out outside of the courtroom.

Do courts give mothers preference in custody cases?

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in child custody on Tuesday, January 22, 2019.

It is a common assumption that courts in Ohio give preference to mothers in child custody cases. This probably stems from the past when courts did often immediately assign custody to the mother. This was based on outdated gender roles where the mother stayed home with the children to care for them while the father worked. As society has changed and many families now have two parents working, this idea of the mother as the primary caregiver does not always stand. So, the courts have adjusted their thought process and how they approach custody issues.

According to the Ohio Revised Code, the court focuses solely on what is in the best interest of the child when deciding custody. It considers both parents as equals when approaching a case. Neither parent has more weight than the other as the best parent to be the main caregiver. Just as the parental rights of the parents are the same as are the right to custody of the children.

How is art valued in a divorce?

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in complex property division on Wednesday, January 16, 2019.

If you are an artist or a collector of art in Ohio and going through a divorce, you will soon discover the challenges that come with dividing martial property. You will have the chance to try to come to an agreement about the division of property before the court steps in. In any case, you have to get your property valued before division to ensure and equal and fair process. This is where it may get tricky with art pieces, especially if you are the creator.

The Huffington Post notes the most important thing to keep in mind is that you must have your art valued by a professional. The court will not be happy if you just say a piece is worth this amount. It wants to see a professional evaluation of the value. You and your spouse need to agree on the person who will do the evaluation.

Can you disinherit your spouse before a divorce?

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in post-divorce estate planning on Tuesday, January 8, 2019.

Going through a divorce in Ohio can be troubling enough without having to face the possibility that you might die or suffer a serious physical incapacitation before your divorce is finalized. To make sure you maintain control over your assets until your divorce is completed, you can dictate what happens to them in a will. Some people may even wonder if they can go ahead and fully disinherit their spouses from receiving any assets. However, this is a move that could carry legal risk.

As Forbes point out, most states will not allow you to completely cut off your former spouse from inheriting assets before a divorce is finalized. You would have to consult with your divorce attorney to know for certain if state law formally prohibits disinheriting a spouse or if Ohio case law would react negatively to disinheritance. However, cutting off your spouse would almost certainly increase the risk of your will being challenged in court and could also have ramifications for your divorce case.

What are the tax implications of divorce?

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in high asset divorce on Monday, January 7, 2019.

When you are going through a divorce in Ohio, there is a lot you must think about in terms of finances and how your divorce will affect them. One financial implication of divorce that many couples do not consider is how the separation will affect their taxes. The US Tax Center at IRS.com has some very helpful advice for soon-to-be-divorced couples who wish to save this upcoming tax season.

If you are in the process of divorce, the IRS recommends holding off until after the new year to finalize it. This is because a couple who files "married filing jointly" enjoys greater tax exemptions, tax credits and tax deductions than single individuals or those who file as "married filing separately." Because you are still married, the IRS allows you and your soon-to-be-ex-spouse to file a joint return, even if only one spouse earned an income this year.

What are the father's rights in an adoption?

On behalf of Greg Lewis of Gregg R. Lewis, Esq. - Harry Lewis Co., LPA posted in child custody on Tuesday, January 1, 2019.

As the father of a child in Ohio, you may worry about your legal rights. It used to be that fathers had little rights and the mother usually had all the control, but times have changed. The law now is such that it aims to involve both parents equally in the decision making and raising of a child. This is also true if the child is placed for adoption. According to Adoption from the Heart, you have the exact same rights as the mother when it comes to adoption.

You may be in a situation where you are not aware your child is being put up for adoption. The law has built in safeguards for this situation. It is required that officials try to contact you. If they cannot get directly in contact with you, they must provide a public notice of the adoption. This gives you every chance to step in and object. However, if you do object, you need to prove you have had a relationship with the child or show you have tried to have a relationship with the child prior to the adoption.