Stimulus Checks and Child Support
As part of the recently approved stimulus package, individuals and married couples are entitled to receive stimulus checks. However, if you owe back child support, the State may intercept your stimulus check and distribute it to the person or entity to which you owe child support. The amount of that check will be credited against your child support arrearage in the same manner as a tax refund.
If you’re entitled to a stimulus check as a married couple and one spouse has a child support arrearage, that entire check may be intercepted and the spouse who does not owe an arrearage may have to file to have his/her share of the check released.
These is ‘new’ territory for all of us, including the employees at your local Child Support Enforcement Agency.
If you have questions about your stimulus check and child support, please call or email our office to schedule a Skype/FaceTime appointment.
Stimulus Checks and Divorce – Uncharted Waters
As part of the stimulus package passed into law to address the economic effects of the COVID-19 pandemic, checks of up to $1,200 for individuals, $2,400 for married couples and $500 per minor child are being issued by the federal government.
For already divorced couples, the minor child award is going to be sent to the parent who most recently claimed that minor child on their federal taxes. But what if that’s the parent who pays child support? Or that parent doesn’t provide primary care for the child? Shouldn’t that money go to the parent who has the child most of the time?
Those are all great questions. Right now, we are in uncharted territory. It is highly likely that Family Courts will consider motions regarding allocation of those checks, but it’s not something that’s going to happen quickly and there are no clear answers. Further, the future tax consequences for the receipt of that check should be allocated to the parent who received that check.
For parties in the middle of a divorce, it’s important that allocation of those funds be addressed in any final decree of divorce.
If you have questions about filing a motion for allocation of a stimulus check or how to address those stimulus funds in your decree, feel free to call the office or email email@example.com to schedule a Skype or FaceTime appointment.
Understanding the Stay-at-Home Order – Parenting Time
Effective March 24, 2020 and through at least May 1, 2020, Governor DeWine has issued a Stay-At-Home Order to prevent the spread of COVID-19.
That Order specifically states that traveling to exchange children pursuant to a Court Order is Essential Travel.
14. Essential Travel.
e. Travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.
The full text of the Order can be found here:
Parties should continue to follow their parenting time Orders. Further, despite Governor DeWine characterizing the school closures as an ‘extended Spring Break’, both Greene and Montgomery County have stated specifically that the 2020 Spring Break is ONLY that time which was scheduled by the school calendar as Spring break and not any additional time caused by the school closures.
You can find continuing and updated information from each Court here:
Be smart. Keep yourself and your children safe.
If you have any questions about your parenting time order or how things should be handled, please call the office or email Michelle.
Wishing you all the best of health.
Understanding the Stay-at-Home Order – We Are Open
As you’re surely aware, Governor DeWine has issued a Stay-at-Home order effective March 24, 2020. Legal services is listed as an Essential Business under Section 12u.
Our office will remain open, but we are following the recommended precautions and adding a few of our own. In addition to nightly cleaning and copious amounts of hand-washing, we are limiting our time in the office and asking that people not stop by without calling first. We will arrange a time to meet with you and ensure that everything gets a good wipe down before you arrive and after you leave.
We are still taking new client appointments. Our rooms and areas are large enough for appropriate social distancing. We also offer telephone consultations as well as both Skype and FaceTime appointments.
For our protection and yours, we ask that if you’re sick or if you’ve been exposed, please stay home.
Understanding the Stay-at-Home Order – Court Access
As we’re sure you’ve seen, Governor DeWine has issued a Stay-at-Home Order, hoping to stop the spread of COVID-19.
Courts are to remain open with enough personnel for basic functioning. That means they are continuing to accept filings state-wide. However, each Court will be handling things differently. Most Courts are only having emergency hearings. You can find the list of restrictions for each respective Court here:
This list is being updated regularly, so the plan for yesterday isn’t the same as the plan for tomorrow.
For existing clients, if you have a question about your hearing date, please call or contact Michelle with your questions.
Wishing you the best of health.