DIVORCE - Amazon S3 · HIGH NET WORTH DIVORCE There are numerous issues that come into play in high...

CROSSMAN & MACIOROWSKI | www.crossmacllc.com 1

Phone: (937)-528-1730 | Toll Free : 888-858-3410Back to Menu

DIVORCEMILITARY DIVORCE

PARENTAL RIGHTS, CUSTODY & VISITATION

LEGAL SEPARATION

HIGH NET WORTH DIVORCE

DIVISION OF PROPERTY

CHILD SUPPORT & SPOUSAL SUPPORT

CROSSMAN & MACIOROWSKI | www.crossmacllc.com2

Phone: (937)-528-1730 | Toll Free : 888-858-3410 Back to Menu

OHIO HIGH NET WORTH DIVORCE ATTORNEYAt Crossman & Maciorowski LLC, our attorneys have been guiding people through the divorce process for 25 years. We are passionate about the future of every client, and we will use the law and our experience to help each client achieve the best settlement possible.

The breakup of a marriage is a time of

anxiety. In this uncertain period in your life,

representation by an experienced attorney

is essential.



DIVORCE It isn’t easy to divorce later in life, but now more than ever people are taking part in “gray divorce.”These modern times have seen many more divorces than ever before. This doesn’t mean that people are unhappier than they were in the past, but that there are more opportunities and freedoms than there were in decades past. One example of these opportunities is that it’s easier to divorce, both in Ohio and in other states, so that couples aren’t forced to remain in unhappy marriages. These days, one spouse doesn’t have to solely rely on the other spouse for financial provision.



At Crossman and Maciorowski LLC, we are committed to helping members of the military or their spouses navigate the difficult laws associated with military divorces.Each branch of the military (US Army, Navy, Air Force, the Marines, Coast Guard) has specific regulations regarding how alimony and child support are garnished from military pay. There are other factors to consider in regards to military divorce:

MILITARY DIVORCE



It’s necessary to take deployments into consideration when scheduling visitation arrangements.

SPECIAL CONSIDERATION FOR CHILD VISITATION ARRANGEMENTS

MILITARY BENEFITS, INCLUDING HEALTH CARE, PENSION AND RETIREMENT

TIMELINES IN DIVORCESpouses who are on active duty have more flexible response times when it comes to divorce and custodial proceedings.

Our attorneys can explain how these benefits affect the former spouse and the children following a divorce.

UNDERSTANDING MILITARY PENSION RIGHTSMembers of the military or the member’s spouse may avail of the military-sponsored legal assistance office during a divorce or with child custody disputes. Our attorneys can point our clients in the right direction to access this assistance, as well as help you find other necessary resources.



We work to develop custody/parental allocation and visitation/parenting-time solutions that enable our clients to enjoy rich and meaningful relationships with their children. Our firm advises and represents people in matters involving:

• Child custody and allocation of parenting rights

• Visitation rights and parenting time

• Modifications in custody and visitation

• Proposed child relocations

• Grandparent visitation rights

• Termination of parental rights

• Paternity as it affects custody and visitation

PARENTAL RIGHTS, CUSTODY & VISITATION



INTERNATIONAL CUSTODY DISPUTESParents who are living in different countries and are experiencing either separation or divorce, the stakes are high when it comes to disputing child custody.



Whether you and your spouse are both Americans and one of you is planning to move abroad, or one is the citizen of another country, international custody disputes come with a slew of issues. It’s important to contact a family law attorney as soon as possible. Discuss how to avoid any situations of international child abduction, and how to protect your child’s rights and your own parental rights. The attorneys at Crossman & Maciorowski can help maximize the probability that the child custody dispute and decision will take place in U.S. courts.

Whether it’s a military or civilian divorce, our experienced attorneys can help navigate the myriad laws involved in international child custody cases.



OHIO CHILDREN AND DIVORCE: RELOCATING ACROSS STATE LINES WITH CHILDRENThe state of Ohio requires that a parent informs and obtains the permission of the children’s other parent or the court before moving either in-state or out of state.

It is often the case that one or both parents will want to relocate after a divorce, either to move closer to friends and family, or to obtain better employment opportunities. Some may simply be seeking a fresh start. Those with children will, more often than not, need permission to relocate children.



In a majority of the cases, it’s the goal of Ohio courts to promote healthy parent/children relationships after divorce, allowing for opportunities for both parents to contribute to raising and supporting the children. Because of this, many people develop parenting arrangements. These arrangements typically consider one parent the residential parent, while the other parent has a consistent or regular established parenting schedule. Parents must seek the court’s consent to move children out of Ohio regardless of existing arrangements.



REACHING AN AGREEMENTSometimes parents have friendly relationships after the divorce. In these cases, they may be able to agree on arrangements about relocation on their own. When this is the case, the agreements must be put in writing, signed and filed with the court. These new agreements must include the new address for the relocating parent, transportation arrangements for the children, and any changes in the court-ordered parenting schedule.

FILING AN INTENT TO RELOCATEIf a parent decides to relocate, Ohio law requires that the parent first files an Intent to Relocate with the court, regardless of the arrangements made between the parents. This intent to relocate must be filed with the same court that ordered the original parental time and location arrangements. This applies to the parent who wishes to move out of city and to the parent who wishes to move across state lines. If the order is not filed, the parent may be ordered back to Ohio.

In almost every case, the court will forward the motion to the non-resident parent. At that point, the non-residential parent has the option to contest this move. This involves filing a motion for a hearing. In some rare cases, the court may initiate these hearings.



DETERMINING THE CHILD’S BEST INTERESTSIn custody and relocation issues, it’s the child’s best interests that dictate nearly every decision of the court. The following are some of the factors that the court weighs under the statutes of Ohio state law regarding the custody and relocation of a child/children:

• The mental and physical health of the child and both parents

• The child’s interactions with each parent and any siblings

• Whether the residential parent ever denied the other parent visitation rights

• The child’s wishes

The court will also take into consideration the reason the residential parent wants to move, and how far away the city or state is that he or she intends to relocate to. If the court determines that this relocation is in the child’s best interests, new parental arrangements will usually be drawn up.

WHEN YOU NEED PROFESSIONAL INSIGHTIt may become very difficult to gain approval from the court to relocate, especially if there are not amicable relations between the child’s parents. If you are considering relocating, it may be to your benefit to seek legal counsel and services. A family law attorney can help you navigate your options and rights.



LEGAL SEPARATIONThere are many reasons and circumstances that lead couples to pursue legal separation instead of divorce. These reasons include:

Co-owned businesses that can be negatively impacted.

1 BUSINESS:

Keeping health insurance for a disabled spouse.

2 HEALTH INSURANCE:



Religious or cultural traditions may frown upon divorce.

4 RELIGIOUS REASONS OR FAMILY TRADITIONS:

3 VISIBILITY:

5 HOPE FOR RECONCILIATION:

Maintaining more privacy for those in the public eye.

Giving the spouses a chance to work out their problems, while keeping the hope for reconciliation.

The issues of alimony and child support arise when filing for a separation agreement. Other issues of property division and any marital debts can complicate a legal separation. Contact the experienced attorneys of Crossman and Maciorowski with any questions regarding legal separation.



HIGH NET WORTH DIVORCEThere are numerous issues that come into play in high net-worth divorces. With a divorce after long-term marriage, there’s often division of retirement and pension accounts. During some divorces, one spouse can hide assets before or during the divorce proceedings. Sometimes there are stock options that need to be divided. And sometimes a divorce can highly impact one spouse’s career, or a joint business venture. With each one of these issues, there are tax consequences that often require legal advice.



RETIREMENT ACCOUNT DIVISIONA dependent spouse who is worried about not having access to a retirement account may raise disputes in an otherwise amicable divorce. But in order to divide 401(k)s and retirement accounts, very specific orders are required. Our attorneys will be able to help you whether you are the high-earning spouse or the dependent spouse. We’ll be able to advise you of your rights and options.

MILITARY AND OTHER PENSIONSAt Crossman & Maciorowski LLC, we welcome all kinds of questions about retirement assets. We work to secure a long-term financial future for our clients. Since the laws of division of military retirement benefits are specific to each military branch, we can help you obtain the information you need, as well as working to secure your rights and the best outcomes for you.



HIDDEN ASSETSSometimes a spouse hides the assets before or during the divorce proceedings, either by ‘giving’ it to another family member, selling stock or property without full disclosure of the proceeds, failure to mention gambling income, illegal drug deals or cash deals, sequestering the funds in off-shore accounts, or undervaluing the income from a business.

If you suspect your spouse has hidden assets, or you have been accused of hiding assets, it’s important to contact an attorney promptly. The attorneys at Crossman & Maciorowski can help navigate these murky waters.



DIVIDING STOCKS & STOCK OPTIONSThere are some critical questions that arise during a divorce if stock or stock options are part of the equation.

• How can stocks be divided fairly during a divorce?

• What value should be placed on these stocks?

» The value they held when purchased?

» The value they are likely to have at the time they’re sold?

» The value of the profit they’ve accumulated from the time they were purchased until they’re sold?

As you can imagine, many options exist for the division of stocks and stock options after a divorce. There are ways to reach an equitable agreement without incurring huge legal fees, such as granting all the stocks to the dependent spouse while keeping the retirement accounts. Some have even exchanged stocks for the interest in a shared home.



DIVORCE FOR PROFESSIONALSDivorce can have a negative impact on some professionals. If you’re an attorney, a doctor, or another professional, you may need to ensure that your partners and reputation are protected during a divorce.

During a divorce, when determining the division of assets, it’s important to have a proper valuation of the business in question and the income it provides. We work closely with valuation experts who are able to compile comprehensive and detailed valuation reports of both income and assets. As your attorneys, we will take into account:

Your reputation: We work actively to protect your reputation during what may be a public divorce.

Your partners: We inform you of any potential impact a divorce may have on partners and/or shareholders, and help you protect them from negative consequences.

Your value: Our experts will compile thorough reports to give a clear picture of business or practice valuation. We’ll help you navigate the potential earnings, liabilities and tax-loss carry-forwards.



DIVORCE FOR BUSINESS OWNERSA dependent spouse may be entitled to a fair share of either business assets or ownership. Often the business assets and marital assets are intertwined. And there is the concern about whether the divorce will damage the business. Other business partners, employees and even clients may be counting on you, never mind your livelihood being at stake.

A professional business valuation is essential for a satisfactory divorce settlement. Our attorneys provide wise counsel to help you protect your interest and the interest of those who may also be impacted, including:

• Your spouse

• Your family

• Business partners

• Siblings or other family members who may also be invested in the business.

If both spouses have ownership in the business, our attorneys can help you preserve your business and protect your assets in the midst of and following a divorce.



TAX CONSEQUENCES OF DIVORCEIn order to calculate your financial future after a divorce, it’s important to take tax consequences into account. Some of the financial consequences of divorce can include:

• Housing costs

• Time with children (if applicable)

• Health insurance coverage

• Estimated value of retirement funds after division

• Estimated value of stocks and stock options that you secure

• The effects of tax liabilities



WHAT YOU SHOULD KNOW ABOUT POST-DIVORCE TAXES BEFORE REACHING A SETTLEMENTSome of the decisions that carry tax consequences can include:

• Do you keep the house or let your spouse have it?

• Should you divide your business assets up, or exchange them for a large item of equal value, such as a house or retirement account?

• Should you pay or receive child support, or exchange this for giving or receiving something of equal value, such as high priced collectables or sporting equipment?

Once we have fully informed you of your tax liabilities or consequences, you can then make knowledgeable decisions about how to bargain while drawing up the divorce agreement. We will be here for you every step of the way to answer questions you may have about the process, about your rights, and about all the options available to you.



DIVISION OF PROPERTYTHE HARM DEBT CAN BRING TO MARRIAGE AND HOW IT COMPLICATES DIVORCE

Both separate and shared debt can bring strains and difficulty into the marriage that raise the risk of divorce. Unfortunately, that same debt can seriously complicate a divorce.

Debt is something that affects most Americans. There are many married couples in the Centerville area that have accrued either shared or separate debt. Research has shown that either kind of debt can cause strain on the marriage that can lead to divorce. But this debt only complicates the divorce further.



FINANCIAL AND MARITAL BURDENS

According to research, couples are 37% more likely to divorce if they argue about their financial burdens every week. When the fights are daily, the likelihood of divorce moves up to 69%. This financial stress may come from numerous sources, but debt is one of the most prominent cause of this stress.

When couples marry, they may bring their individual debt into the marriage, either from credit cards or student loans. Even debt that is accrued in early marriage is likely to cause stress, marital strain and in some cases divorce. Expensive engagement rings (in excess of $4k) and lavish weddings (exceeding $20k) are contributing factors, making the risk of separation and divorce as much as 3.5 times more likely. Research has shown that this early accrued debt causes too much strain to those early years of marriage.



DEBT AND THE DIVORCE SETTLEMENT

Once married, the debt that couples accrue usually becomes shared debt, even if it’s one spouse that compiles the bulk of it. Shared property is also considered a shared asset or debt. Family law courts divide shared property equitably, whether it’s an asset or liability. Before it’s divided, each debt is placed into one of three categories:

• Separate property – this includes debts and assets that are brought into a marriage or acquired after separation. Inheritances and gifts are often considered separate property.

• Marital property – any assets or debts that are accrued during the marriage are considered shared.

• Comingled property – when separate and marital property become mixed during the marriage it’s considered comingled property.

Separate debt usually belongs to the spouse who brought it. Comingled debt is often considered separate debt. Marital debt is divided between both spouses.

This does not mean that marital debt is divided equally. A judge considers all the factors that contributed to the debt, such as frivolous spending and gambling, and will divide that debt accordingly. There are cases where the judge awards one party more property because of financial disadvantages or preexisting liabilities.



SEEKING COUNSEL AND ASSISTANCEWhen considering all these factors, it becomes difficult to find a solution that is both fair and appropriate for both spouses. Discussing debt issues with a family law attorney can help those in pursuit of an equitable settlement.

Key Words: divorce, debt, property, division, settlement.



CHILD SUPPORT &SPOUSAL SUPPORT

CHILD SUPPORTRising child support delinquency rates highlight the difficulties of collecting child support, but new laws and incentives in Ohio may help address this issue

Many parents in Ohio and elsewhere rely on child support to help with the daily costs of living and special expenses that come with having children. However, the non-residential parent can often stop making those payments, whether because of financial constraints or decisions to withhold the support.



HIGH DELINQUENCY RATESOne of the incentives to increase the levels of prompt child support is to suspend the licenses of those who are delinquent. However, the rates of those who have had their licenses suspended have risen dramatically. In some places, there’s been as much as a 50% increase of suspended licenses.

While license suspension has risen, the rates of those who have been imprisoned for delinquent child support have dropped by almost 30%.

Delayed payments place undue burden on the shoulders of the residential parent. Because of this, new initiatives have been established in Ohio.



NEW INITIATIVES FOR PAYING CHILD SUPPORTThe new changes that have come about in Ohio law have helped garner these child support payments for the residential and custodial parent. These changes include:

• Parents must either pay regularly or appear before the court monthly.

• If the parent that owe support wins any jackpots, the required amounts are skimmed off the top of the winnings and given to the custodial parent.

• Forgiveness programs allow the paying parent to establish more reasonable monthly payments.

• Providing the habitually delinquent parent with job training and education in place of imprisonment.

These new initiatives ensure better payment rates of child support.

If you’re experiencing difficulties with receiving or paying child support, a family law attorney can help you reach a suitable settlement.

Key words: divorce, custody, child support, delinquency



Spousal support, also called alimony, is the payments made from the higher earning spouse to the lower earning spouse. This is very common after a divorce. The parameters for this can be spelled out in prenuptial agreements, post-nuptial agreements and even after filing for divorce.

SPOUSAL SUPPORT



KEY OHIO STATUTE{Title 31, Chapter 3105, Section 18 of the Ohio Revised Code} dictates the parameters of when alimony is appropriate and how it is awarded. The following are factors that judges consider:

• Income of both parties

• Respective earning capacities

• Age, physical health and mental condition of both parties

• Retirement benefits

• Standard of living (especially during the marriage)

• Career, educational or training sacrifices one spouse made to benefit the other (i.e., one parent staying home to care for the children while the other parent was the “bread winner”)

• Education of both spouses.

• Childcare arrangements for any dependent children

• Duration of the marriage

• Tax consequences of an award (spousal support is tax deductible for the payee and considered income for the recipient)

• Any other factor the court deems relevant



The court will use this same statute to determine the duration of the spousal support.

If you are seeking to receive alimony or are required to pay spousal support, you may need a family law attorney to help you protect your rights and assets and navigate the sometimes complicated laws surrounding this issue.



DETERMINING SPOUSAL SUPPORT IN OHIOCourts in Ohio take into consideration income and length of marriage, as well as other factors, when determining the amount of spousal support that will be awarded.

Figures from US Census Bureau estimate that around 400,000 people across the nation, including Ohio, receive alimony. People who are going through a divorce in Centerville, OH, can gain a clear understanding about how the courts award spousal support.

WHAT TYPES OF SUPPORT ARE AVAILABLE?Ohio has only two types of support available. According to Ohio law, some courts can award temporary payments during pendancy of the action. The purpose of these payments are for the spouse to have the opportunity to become self-supportive.

Ohio law also allows for a final reward of spousal support once the divorce is finalized.

WHAT FACTORS DETERMINE SUPPORT?In Ohio, there are no set guidelines to determine specific dollar amounts for spousal support. The court weighs numerous statutory factors, including:

• The earning capacity of both spouses

• The current income of both spouses



• The length of the marriage

• The mental, physical and emotional status of both spouses

• The standard of living during the marriage

• Tax consequences

The court also weighs the contributions each party made to the marriage. For instance, did one spouse financially support the other’s attainment of further education or a degree?

There are many other factors which help the judge determine how much to fairly award in spousal support, and these are specific to each individual circumstance.

HOW ARE SPOUSAL PAYMENTS MADE?Payments can either be in the form of monthly checks or a one lump sum payment, or in the form of real property. Each judge weighs all the circumstances of each spouse and the divorce to determine the best way to award the support.

CAN PAYMENTS BE CHANGED?Ohio law does allow for the courts to modify an existing order for spousal support, but that is only permissible under special circumstances when the court has retained the jurisdiction to do so. For example, if there has been a change in the economic status of either spouse, whether that’s a change in income or living situation, a judge may alter the spousal support payment amount or schedule.

Anyone with questions about these issues should contact a family law attorney in Ohio.



MARRIAGE DISSOLUTIONIf you and your spouse agree amicably to divorce, then you may file for dissolution of a marriage rather than a divorce. In this case, you and your spouse would ask the court to approve the agreement of how to divide assets and debt, as well as the decisions regarding child custody, parental visitation and child custody.



If any of these terms are contested by either party, the court may order that there is a divorce instead of a dissolution.

• The benefits of dissolution include:

• Faster resolution

• No need to determine fault

• Lower cost than a contested divorce

A dissolution can be filed with the court after the parties have drawn out the reached agreement. After filing, you and your spouse will receive a court date that’s 30-90 days out.

Disadvantages of a dissolution include:

• No temporary hearings in the event of a disagreement

• No right to subpoena documents or information

• Longer negotiations with your spouse

• The attorneys at Crossman & Maciorowski can help you fill out and prepare all the documents that will need to be filed with the court. We also help our clients achieve the best terms.

In the event that any disputes arise during the dissolution process, our attorneys can inform you of your rights regarding property, child custody and visitation arrangements.



Crossman & Maciorowski LLCD I VO RC E A N D FA M I LY L AW

7051 Clyo Road

Centerville, OH 45459

Phone: 937-528-1730

Toll Free: 888-858-3410

Fax: 937-424-3665

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