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Will the court uphold the terms of my prenuptial agreement?

In this video, Daryle answers the question of “Will the court uphold the terms of my prenuptial agreement?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In Ohio, a court may find certain terms of a prenup to be unconscionable at the time of a divorce and may refuse to enforce unconscionable terms.

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TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

Can I have my child support modified if my circumstances have changed since the order was set?


In this video (https://youtu.be/ftqvHM2_-AY), Daryle answers the question of “Can I have my child support modified if my circumstances have changed since the order was set?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle

“You may request a child support modification if it has been less than 36 months since your last review if any of the following apply:

o The paying party has been laid off from work for 30 days or longer
o Either party has had a major change in income (increase or decrease)
o There has been an increase or decrease in the cost of health insurance or childcare
o The paying party is on active military duty
o The paying party has become Permanently disabled
o The paying party has been Incarcerated or institutionalized with no income or assets available to support the child” ​

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When can I have my child support reviewed?

In this video, Daryle answers the question of “When can I have my child support reviewed?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking:
If it has been more than 36 months since the last review or since the order was established, you can apply to have it modified or reviewed.

Please connect with us on our other sites via linktr.ee/tibbslawoffice

TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

Under what grounds can child support be terminated in Ohio?

In this video, Daryle answers the question of “Under what grounds can child support be terminated in Ohio?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking:
In Ohio, child support will terminate upon the following conditions:
The child’s death, the child’s marriage, the child’s emancipation, the child’s enlistment in armed service, the child’s deportation, change of legal custody of the child, the child’s adoption, or the obligor’s death.

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Could I be ordered to pay child support beyond my child’s 18th birthday

In this video, Daryle answers the question of “Could I be ordered to pay child support beyond my child’s 18th birthday?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
Yes, if your child is mentally or physically disabled and unable to support theirself, or if the child continuously attends an accredited high school beyond their 18th birthday, support will continue until graduation of high school.

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TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

Will I lose custody in Ohio if I get deployed?

In this video, Sarah answers the common question of “Will I lose custody in Ohio if I get deployed?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Sarah

Deployment cannot be the basis for a change in circumstances for a child custody modification. The court can issue a temporary order or a temporary modifying parenting provision. This must contain termination provision that terminates 10 days after the deployment of the parent. The deployment must be issued as a reason for the modification. ​

Please connect with us on our other sites via linktr.ee/tibbslawoffice

TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

 

Will my spousal support be terminated if my spouse remarries?

In this video, Daryle answers the common question of Will my spousal support be terminated if my spouse remarries? Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In Ohio, there are no statutes that provide for automatic terminated of spousal support. If a decree specifically includes language that spousal support will be terminated upon cohabitation and/or remarriage, then it can be terminated under those specific circumstances.

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Parenting Schedules: How to Avoid Being Stuck with a Default or “Standard” Parenting Schedule

When parents with minor children separate either before or after a divorce action has been initiated, one of the most pressing and important items to address is a parenting schedule. If parents are unable to agree, Courts will often issue a default “Standard” parenting schedule that may remain in place throughout the pendency of a divorce action, until a hearing has been held, or even indefinitely after your divorce has been finalized. Which “Standard” parenting schedule you may be ordered to follow depends entirely on the county you are divorcing in. (A link to each local court’s standard schedules can be found under “Resources” below.) However, your family is not “one size fits all.” It is highly likely that a Court’s “Standard” schedule is entirely impractical for your family. The only way to avoid the Court deciding a schedule for your family is to agree upon a schedule with your spouse – either on your own, or with the help of an experienced family law attorney, mediator, parenting coach, or co-parenting counselor.

Flexibility with any parenting schedule is always encouraged, ensuring that a parenting schedule does not negatively limit the children’s opportunities and experiences. For example, a child should not have to miss out on a cousin’s birthday party on Parent A’s side of the family, just because it is Parent B’s time. Parents are free to modify the parenting schedule as needed, so long as they both agree (which should be properly documented). However, if you find that schedule modifications are causing more harm than good because of parental conflict, parents should keep to the schedule as written, until co-parenting communication has improved to allow flexibility. Overall, the best parenting plan is the one that fosters a healthy relationship between the children and both parents and minimizes the conflict your children are exposed to. An experienced family law attorney can help you come up with a schedule that works best for your family.

Factors to consider while preparing a parenting schedule:

  • The amount of time your children have historically spent with each parent.
  • Work and school schedules: Parents should maximize the amount of quality time they will be able to spend with the children, rather than focusing on the number of hours they have “on paper”.
  • How many exchanges per week is practicable, keeping in mind the level of difficulty in keeping items with the child (clothes, homework, sports equipment, etc.)
  • Parents’ proximity to children’s school/daycares.
  • How much time is acceptable for children to spend in the car each day.
  • How many consecutive days a child can emotionally cope with being away from each parent.
  • Parents’ availability to take children to school, daycare, appointments, or extracurricular activities.
  • Whether exchanges should be done in person (allowing kids to transport all of their items more easily between homes), or naturally through school/daycare (Parent A drops the child off at school, and Parent B’s time begins when they pick the child up from school). In high-conflict situations, in-person exchanges should be limited to avoid the children’s exposure to conflict.
  • Exchange locations and transportation responsibilities
  • Whether a child’s school bus can pick up and drop off from two homes
  • Parameters for phone/video calls: whether communication between the child and the parent they are not with should be (a) unrestricted and “reasonable” or (b) establish designated scheduled times for calls.

 

RESOURCES

  1. Sample parenting schedules:
  2. Local Court’s “Standard” Parenting Schedules:

If my decree includes language that allows spousal support to be modified…?

In this video, Daryle talks about “If my decree includes language that allows spousal support to be modified, does the court have to modify it if it is requested?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In order to modify spousal support, the Court must find a substantial change in circumstances. If the court does not find a change in circumstances, it does not have jurisdiction to modify the spousal support.

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Rosa Parks: An Advocate to End Violence Against Women

Many people think of Rosa Parks as the strong-willed woman who refused to give up her seat, however, Parks was an advocate for change even before that. Parks was a secretary for the NAACP long before this and helped investigate acts stemming from racism and sexism.

In 1944, Parks was sent to investigate the gang rape of Recy Taylor, a black woman from Abbeville, Alabama. Parks ended up founding the “Alabama Committee for Equal Justice for Mrs. Recy Taylor,” based on Taylor’s story. The white perpetrators were never arrested nor indicted for any crimes stemming from this act despite one of the men coming forward and admitting that he was involved.

Parks and Taylor continued to speak out against these acts of hate and the Committee drew national attention to the violence towards black women. Both women continued to advocate for survivors of violence until their death.

 

Sources:

Rogers, Laura. “National African American History Month: Remembering Rosa Parks’ Work to Address Sexual Assault.” The United States Department of Justice, 20 Jan. 2021, www.justice.gov/archives/ovw/blog/national-african-american-history-month-remembering-rosa-parks-work-address-sexual-assault.

“Mrs. Recy Taylor (1919-2017).” National Parks Service, U.S. Department of the Interior, www.nps.gov/people/mrsrecytaylor1919-2017.htm.