Back to the “New” Normal
The pandemic isn’t over, and we all need to remain vigilant, especially with those high risk people, but Courts have, for the most part, reopened for hearings.
However, your court hearing may take place via videoconferencing, pretrials are being held by phone, Courts are trying to minimize contact. Each Court has a different set of rules and procedures, but reaching an agreement without having to litigate an issue is more important than ever.
Family law, divorce, dissolutions and custody issues, are always very personal and emotional, especially for children. At Maciorowski Law, we always advise you on not just the financial cost, but the emotional cost of legal action.
We remain open for new client appointments and we will work to your comfort level. We can schedule appointments by Zoom, Skype or FaceTime, but if you want to come into the office, we have take appropriate precautions so our clients can feel safe.
Please call to schedule.
Essential Legal Services – We Are Open
Unfortunately, the Stay-At-Home Order has exacerbated family tension and put a strain on existing parenting time orders. These issues can sometimes be resolved with a letter, but Court action is often necessary.
The Court’s remain open, as does our office. Like all businesses, we are making changes to accomodate the need for physical distancing. We have appointments available by Zoom, Skype, FaceTime and telephone.
We are still scheduling in person consultations and using all recommended precautions.
Let us know your comfort level and we will make the appropriate arrangements.
Please contact our office to schedule.
https://www.mmmlawllc.com/contact-us/
-M
Domestic Violence Resources
Domestic violence resources are still available through shelters, outreach and the Courts. If you are at risk, you can contact my office for a discreet consultation, or contact any of the resources below.
Montgomery County – Artemis House – https://artemiscenter.org/
Warren County and Statewide Resources – The Ohio Domestic Violence Network – http://www.odvn.org
Greene County – Family Violence Prevention Center – http://www.violencefreefutures.org/get-help/
Clark/Champaign Counties – Project Woman – https://projectwomanohio.org/
Miami County – Family Abuse Shelter – https://familyabuseshelterofmiamicounty.org/
Nationwide – RAINN (Rape, Abuse & Incest National Network) – https://www.rainn.org/
Call 911 in an emergency or contact these resources for advice. You can contact our office and we will email you a Civil Protection Order packet.
Stay safe.
Michelle
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 michelle@mmmlawllc.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:
http://www.ohiojudges.org/Resources/covid-19-emergency-planning
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:
http://www.ohiojudges.org/Resources/covid-19-emergency-planning
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.
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.
COVID-19 Update
Like everyone, our office is concerned with the spread of COVID-19, the coronavirus. We are taking all recommended precautions, but wanted to share some information.
To date, all courthouses are open and continuing operation. To our clients, if you have an upcoming hearing and believe there may be an issue attending, call us as soon as possible.
Our office is currently open. We have janitorial services every evening cleaning the office, but will also be wiping down doorknobs and communal surfaces throughout the day. We are washing our hands at regular intervals and offering a place for our clients to wash their hands as well. We are limiting our physical contact with others, so please don’t be insulted if we don’t shake hands.
If needed, we are happy to schedule existing and new client appointments by telephone, Skype or FaceTime. Just reach out to us to schedule.
Hopefully these precautions will slow the spread of COVID-19.
We at Maciorowski Law, LLC wish you all well during this trying time.