Imprisonment of Adverse Party Grounds for Ohio Divorce

Posted on May 1, 2013 by tvalley

Your Dayton divorce lawyer explains that imprisonment of the defendant is a grounds for an Ohio divorce in the blog below. For a complete list of the Ohio causes for divorce in Ohio, please see http://codes.ohio.gov/orc/3105.01.

The eighth ground for Divorce in Ohio is the imprisonment of the adverse party. Ohio law only makes this ground available to the plaintiff, the party filing the divorce action. That is, the defendant must be the party who is incarcerated in a state or federal correctional institution at the time of the filing of the divorce complaint. There are no requirements concerning the length of the prison term or the possibility of release of the defendant.

It should be noted that an incarcerated defendant may seek to be transported from the institution to an in-court divorce hearing by filing a petition for a writ of habeas corpus ad testificandum. An incarcerated defendant has no absolute due process right to attend a divorce proceeding to which he is a party, however the issuance of a writ of habeas corpus ad testificandum is a matter within the trial court’s discretion. When considering an inmate defendant’s request, the Court is to consider the following nine factors: (1) whether the inmate’s request to be present at trial reflects something more than a desire to be temporarily freed from prison; (2) whether the inmate is capable of conducting an intelligent and responsive argument; (3) the cost and convenience of transporting the inmate to court; (4) any security risk posed by the inmate’s presence; (5) the substantiality of the litigated issues; (6) the need for resolution of those issues; (7) the possibility of delaying the trial until the prisoner is released; (8) the probability of success on the merits, and (9) the inmate’s interest in presenting evidence in person, rather than via deposition.

For more information about Ohio divorce, and/or to schedule a free consultation please contact your Dayton divorce law firm or a Dayton family lawyer, at Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Divorce and Taxes: Can You Benefit From The Dependent Tax Exemption?

Posted on April 11, 2013 by hwallace

Tax time is upon us once again. For divorced or single parents, this time of year is often made more stressful due to uncertainty regarding tax exemptions and whether one parent can or should claim the child or children this year (in many cases, Courts order parents to alternate the years that they can claim the tax dependency exemption for each child). Your Dayton family lawyer can help you navigate through these challenges, and can often offer practical solutions that may not have been considered.

For example, in cases where one parent earns a low income, that parent may simply get no benefit from claiming the tax exemption. This is because parents, who are also allowed to exempt income based on their filing status as either married or head of household, as well as for themselves and a spouse (if applicable), must have income in excess of the sum of those other exemption amounts to also benefit from the dependent exemption. For example, in 2012, married couples can exempt $19,500 from taxation as a result of their own personal exemption (2 x $3,800) and the standard deduction ($11,900); single parents can exempt $12,500 before accounting for the dependent exemption ($3,800 + $8,700). Families with incomes below these threshold amounts receive no benefit from the dependent exemption because their total taxable income can be reduced to zero without applying the dependent exemption for any children in the household (the benefit from the dependent exemption cannot exceed tax liability). In cases where no benefit can be derived from the dependent exemption, it may be advisable to allow the parent who can take advantage of the exemption, to do so, especially if there is something offered in return. Dependency exemptions are not related to the child care tax credit or earned income credit. Therefore, even if the custodial parent choses to allow the other parent to claim the child for the dependency tax exemption, he or she could still use the child care credit and earned income credit. As with all tax issues, please consult a tax professional for advice regarding your specific situation, and for guidance on how to file your taxes (for example, it is important to file IRS Form 8332 (http://www.irs.gov/pub/irs-pdf/f8332.pdf) should the custodial parent opt to allow the other parent to use the dependency exemption).

For more information about Ohio divorce, and/or to schedule a free consultation please contact your Dayton divorce law firm at Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal or tax advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Habitual Drunkenness is a Ground for Divorce In Ohio

Posted on March 11, 2013 by tvalley

Your Dayton divorce lawyer explains the legal meaning of “habitual drunkenness” as a grounds for an Ohio divorce in the blog below. For a complete list of the Ohio causes for divorce in Ohio, please see http://codes.ohio.gov/orc/3105.01.

The seventh ground for Divorce in Ohio is the seldom used Habitual Drunkenness. Ohio Courts have defined Habitual Drunkenness as “[t]he custom or habit of getting drunk; the constant indulgence in stimulants, whereby intoxication is produced; … [t]hat degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party.”

The few reported Ohio cases in which Habitual Drunkenness have held that there must be a showing of frequent and regular recurrence of intoxication or drunkenness. Occasional or sporadic intoxication is insufficient to establish Habitual Drunkenness. Habitual Drunkenness grounds in Ohio Divorce cases are uncommon because oftentimes evidence of alcoholism or drunkenness is introduced with other aggravating circumstances to establish other grounds for Divorce, such as Gross Neglect of Duty or Extreme Cruelty.

Juvenile Statements to Police Properly Suppressed Partly Because Youth Did Not Consult with An Adult

Posted on March 7, 2013 by hwallace

A 10th District Ohio Court of Appeals panel recently ruled that a juvenile’s statements to police must be suppressed as evidence because the officers did not allow the youth to contact an adult and failed to inform him of his right to remain silent.

The Court held that the “youth did not have the benefit of consulting with either his mother or an attorney about giving up his constitutional right to remain silent. He was 16 years old with a 9th grade education. He was situated in an environment which the Supreme Court of the United States has recognized as coercive for an adult. See Miranda. Although a juvenile can give an incriminating statement without consulting with a parent or an attorney, the access to a trusted adult or attorney is a factor which can be considered in assessing voluntariness.”

The three-judge appellate panel found that the juvenile court improperly suppressed a gun found during a frisk of 16-year-old T.H., who’s full name was not given, but held that his statements were properly suppressed.

To read the full opinion of In re T.H., click on this link: 2013-ohio-609.

For more information, or to speak to an experienced Dayton criminal lawyer, contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

Gross Neglect of Duty is Grounds for Ohio Divorce

Posted on February 28, 2013 by tvalley

Your Dayton divorce lawyer explains the legal meaning of “gross neglect of duty” in the context of an Ohio divorce in the blog below (for a complete list of the Ohio causes for divorce in Ohio, please see http://codes.ohio.gov/orc/3105.01):

The sixth ground for divorce in Ohio is gross neglect of duty. A specific definition of gross neglect of duty does not exist. Divorce Courts have broad discretion in interpreting what constitutes gross neglect of duty. In general, Ohio courts will first look at whether a spouse failed to act when he or she had the duty to do so. The court will then look at whether the spouse’s failure to act rises above ordinary neglect to that of gross neglect.

Any party alleging gross neglect of duty as a ground for divorce must first prove that the other spouse failed to perform at least one of his or her duties. The Ohio Revised Code sets forth several legal duties and obligations for spouses. Ohio law sets forth respect, fidelity, and support as legal duties that one spouse owes to another. A spouse must also support himself or herself, his or her spouse and minor children out of his or her property or by his or her labor. A spouse also has the duty not to exclude the other spouse from the marital home.

The term “gross” renders this ground somewhat nebulous. A simple or ordinary neglect of a marital duty is not sufficient to prove this ground. Instead, the neglect must be gross in that it must contain some element of willfulness, design, or aggression.

The following are some circumstances in which Ohio Courts have determined that the ground of gross neglect of duty was satisfied:

1. Where there is proof of failure to support a spouse: where the husband voluntarily quits his job and fails to maintain steady employment; where the husband gambles and fails to secure employment.

2. The refusal to live together as husband and wife has been held to be gross neglect. An example of this refusal includes the wife moving out within two weeks of the marriage and never thereafter performing marital duties.

3. Poor housekeeping is not gross neglect unless it is flagrant, atrocious, heinous, or shameful. Gross neglect of duty is demonstrated, however, when there is evidence that a spouse consistently neglected her housekeeping and child-care duties so as to require the husband to perform those chores after work and that the poor household conditions were detrimental to the children.

4. An Ohio Court has held that name-calling in front of the children, discussion of marital problems with others, and spying on each other constituted gross neglect of duty.

5. Another Ohio Court held that a divorce may be granted on the ground of gross neglect of duty where the wife assaulted her husband and refused to involve him in important events during the course of her pregnancy such as doctor visits and LaMaze classes.

6. Gross neglect of duty has also been found where a husband failed to look for work for over a year, refused to have marital relations with wife, inflicted physical violence upon wife in private and in public, and generally degraded wife for no apparent reason.

How to Get Reimbursed for Medical Expenses Under a Domestic Relations Decree

Posted on February 24, 2013 by hwallace

Many divorces or dissolutions provide that medical, dental, optical and psychological expenses are to be shared by the parents after the first $100 per child per year is spent (the first $100 is generally the responsibility of the residential parent). Sometimes parties are less than cooperative with each other, and a person may have difficulty getting reimbursement for expenses from their co-parent.

In order to seek redress from the Court under this scenario, a parent must be able to demonstrate that a proper claim for reimbursement (or demand for payment) was made to the person from whom reimbursement is sought. The claim or demand should include an itemization of expenses, and a breakdown of the responsible person’s share of the expense. The Montgomery County Ohio Domestic Relations Court has a form that must be submitted to the responsible parent for reimbursement of medical expenses, along with copies of all bills, receipts and insurance company explanation of benefit forms. It is very important that a copy of the claim form, along with all the afore-mentioned attachments, is kept by the parent submitting the claim. It is also important that the claim or demand is submitted to the person from whom reimbursement is sought by a verifiable method (i.e., certified mail).

If reimbursement is not obtained after submitting a claim as described above, your Dayton divorce lawyer can file a motion for contempt with the Court.

For more information about enforcing Ohio divorce or dissolution decrees, and/or to schedule a free consultation with an experienced attorney, please contact your Dayton divorce law firm or a Dayton family lawyer, at Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

Dayton Criminal Lawyer’s Successful Representation of Ohio Nurse Results in Dismissal of Criminal Charges

Posted on February 12, 2013 by hwallace

Baldwin Valley & Wallace LLC’s successful legal representation of an Ohio nurse resulted in the dismissal of criminal charges filed against her. Please see the below article for more information:

http://www.wdtn.com/dpp/news/local/montgomery/juvy-charges-dropped-in-norman-case#.URo4sUko6M8

Visit our previous blog entry for more information on the case: http://www.bvw-law.com/blog/criminal-law/high-profile-criminal-case-excellent-result/

To speak to an experienced Dayton criminal lawyer, contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

Tax Refunds and Chapter 7 Bankruptcy

Posted on February 11, 2013 by hwallace

If you are thinking about filing a Chapter 7 bankruptcy and also expecting a tax refund, please contact an experienced Dayton bankruptcy attorney! There are many important things to consider. When a person files for Chapter 7 bankruptcy, all of their assets, including their tax refund, become part of the bankruptcy estate. The theory behind Chapter 7 bankruptcy is that the trustee, the attorney appointed to administer the bankruptcy estate, can use a person’s assets (unless exempted or protected as discussed below) to pay off unsecured creditors.

If you file bankruptcy before receiving and spending your tax refund for the year, the unspent refund is considered part of the estate. The tax refund is looked at as money that was unnecessarily paid to the IRS, therefore it is treated like cash or money in a bank account. If you receive a significant refund every year, you may consider adjusting your withholding to reduce the refund to a lesser amount. This will allow you to get more money in each paycheck and make the refund too small to be of value to the trustee.

Planning the timing of your bankruptcy with the receipt of your tax refund is advisable. If you have already received your refund, you are allowed to spend it on necessary expenses prior to filing bankruptcy. Necessary expenses include mortgage payments, rent, home or motor vehicle repair, food, clothing, utilities, medical expenses, etc. However, be careful! Do not use the refund to purchase luxury goods, or to pay a friend or family member, or to pay one particular creditor (this may be a preferential payment – a payment made to one creditor and not others. Preferential payments can be avoided, meaning the trustee can order the creditor to return it to the estate).

Even if you file bankruptcy prior to receiving and/or spending your tax refund for the year, therefore making the tax refund part of the estate as discussed above, you may be able to exempt or protect it. The bankruptcy code (or law), provides exemptions for certain property including some that can protect your refund (to learn more about Ohio exemptions, please see our earlier blog: http://www.bvw-law.com/blog/uncategorized/dayton-bankruptcy-attorney-exempt-property-in-ohio/) For example, the earned income and child tax credits allow many people who file Chapter 7 to keep their entire refund. The wildcard and cash on hand exemptions may also be used to protect some or all of your refund.

If you are expecting a tax refund and also considering bankruptcy, please consult with an experienced Dayton bankruptcy attorney who can analyze your particular situation and help you determine both the best use of your refund and the best time to file bankruptcy. Please contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

Fraudulent Contract is a Grounds for Divorce in Ohio

Posted on February 4, 2013 by tvalley

Your Dayton divorce lawyer explains the legal meaning of Fraudulent Contract in the context of an Ohio divorce in the blog below:

The fifth statutory ground for divorce in Ohio is Fraudulent Contract (for a complete list of the Ohio causes for divorce in Ohio, please see http://codes.ohio.gov/orc/3105.01).

The rarely used Fraudulent Contract ground for divorce relates to the validity of the marriage. The fraud can relate to the personal disclosures, or lack thereof, between the individuals entering into the marriage contract.

A party will be granted a divorce in Ohio if he or she can prove to the satisfaction of the Court that he or she was induced into the marriage as a result of a fraudulent representation by the other that affects the essential elements of the marriage. The most common example would be the misrepresentation of pregnancy by a party. If the husband married the wife knowing she was pregnant and believing that the child was his based on her statements, but the child was actually not his, then a divorce on the ground of Fraudulent Contract would be possible.

A marriage, which is prohibited by law, can also amount to a fraudulent contract; for example, a marriage between parties who are so closely related that it is prohibited. In that instance, the marriage is void.

How Often Can A Person File for Bankruptcy?

Posted on January 29, 2013 by hwallace

Sometimes people who have filed for bankruptcy protection in the past can find themselves in situation where it would be to their benefit to file for bankruptcy again. For example, a person may have recently received a Chapter 7 discharge, but then incurred a tax debt that could be paid back through a Chapter 13 bankruptcy plan.

The general rule is that a Chapter 7 bankruptcy debtor who receives a discharge cannot receive another Chapter 7 bankruptcy discharge for 8 years. However, there are important exceptions to this general rule. In order to properly analyze your particular situation, you need to consult with an experienced Dayton bankruptcy attorney.

However, generally speaking, the Federal Bankruptcy Rules allow the following:

If it has been 8 years since a person received a discharge in any sort of bankruptcy case, he or she is free to file again for bankruptcy under any chapter (7, 11, 12 or 13).

If a person has received a chapter 7 discharge in a case filed within 8 years, then he or she cannot receive a discharge in a subsequent Chapter 7 Bankruptcy filed today. However, he or she could still file and receive bankruptcy protection. For example, that person could file a Chapter 13 bankruptcy, and would be eligible for a discharge if 4 years had past since the filing of the discharged Chapter 7 case. If 4 years had not yet passed, the person could file the Chapter 13, repay debt in the Chapter 13 plan, but would not be eligible for a discharge.

A person who filed a Chapter 13 and received a discharge, could file and receive a discharge in a Chapter 7 bankruptcy once 6 years has passed since the Chapter 13 filing. That person could file another Chapter 13 case, and receive a discharge, 2 years after the first Chapter 13 was filed (but again, that person could file for Chapter 13 bankruptcy protection before 2 years has passed, they would just not be eligible for a discharge).

To schedule a free consultation with an experienced Dayton bankruptcy attorney, please contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

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