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 michelle@mmmlawllc.com to schedule a Skype or FaceTime appointment.
COVID-19 and Court Operations
The Chief Justice of the Ohio Supreme Court, Maureen O’Connor, gave a press conference today about Court access and precautions regarding COVID-19. Courts will remain open although access may be limited. Access and precautions will be determined on a court by court basis. Many Courts have already issued specific orders. They are all linked here at the Ohio Judicial Conference website.
http://www.ohiojudges.org/Resources/covid-19-emergency-planning
Of note, Clerk’s Offices are still open for the filing of new actions and motions on existing cases.
For my existing clients, please don’t hesitate to contact my office with questions regarding your impending hearing date. Our office remains open, although we are taking all of the appropriate disinfecting and social distancing precautions.
We are continuing to have in person office appointments, but also offering FaceTime, Skype and telephone appointments.
The legal process might have slowed down, but all of our lives go on.
We wish you all the best of health.
Relocation
Ohio Revised Code 3109.051(G) requires that, “If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. …. the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the parenting time schedule for the child.”
When parents are working well together, they will often be able to work out these relocation issues on their own with minimal Court involvement, and sometimes no Court involvement at all. However, there are those situations when the residential parent intends to relocate to another state or even just several hours away. If you’re intending to relocate, or the residential parent of your child has informed you they intend to relocate with the child, it’s important that you understand the process and your legal obligations regarding that relocation.
And why do I mention relocation? Well, Maciorowski Law has moved! We are firmly ensconced in our new location at 7333 Paragon Road, Suite 170, Centerville, Ohio 45459. Our move has taken us only 2.3 miles away from our prior offices. Feel free to stop by and see the new digs. We are accepting new clients.
Child Custody and 50/50 Parenting Time
Separating parents wants to spend the maximum amount of time with their children, oftentimes proposing week on/week off or a 5/5/2/2 plan. When considering the time split for the children, it’s important to acknowledge that children have their own lives and own activities, especially as they grow older. A poorly drafted parenting time schedule could result in one parent’s time being eaten away with activities, sports and events. We can help you work out the best parenting time arrangement for you and your children.
Kinship Care
When parents are incapable or unwilling to provide ongoing care for a child, a grandparent or other relative will often step in. It’s important that these caregivers file in court to establish their legal authority to make medical, educational and other decisions for minor children. Oftentimes, a grandparent will have provided years of care for a child only to find out they have no legal right to make decisions for that child. It is important to establish custody rights to a child who is not residing with the parents. (more…)
