Mowery Youell & Galeano, Ltd.Mowery Youell & Galeano, Ltd.2024-03-25T18:03:19Zhttps://www.myglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403674/2022/10/cropped-MYG-SITE-ICON-new-32x32.pngOn Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520852024-03-02T18:32:11Z2024-03-04T18:32:02ZNo direct impact on custody
Failure to pay child support does not directly affect child custody arrangements in Ohio. The court generally considers the best interests of the child when determining custody. The court focuses on factors such as the child's relationship with each parent, the child’s physical and emotional well-being and the ability of each parent to provide a stable environment.
Separate legal processes
Child support enforcement and custody determinations are separate legal processes. Nonpayment of child support can result in consequences such as wage garnishment, driver's license suspension or even contempt of court charges. However, it does not automatically lead to a change in custody arrangements.
While financial support is important, it is not the sole factor in determining custody. Courts aim to ensure that children have meaningful relationships with both parents whenever possible, regardless of child support payments.
Legal remedies
If a parent fails to pay child support, the custodial parent can seek legal remedies through the child support enforcement system. However, this process is separate from custody proceedings.
Understanding the differences between child custody and child support is important. Parents who behave as if they are the same issue risk getting themselves in trouble with the legal system.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520832024-03-02T18:30:24Z2024-03-02T18:30:24ZJoint and individual debts
The first step is to identify all joint and individual debts incurred during the marriage. Joint debts, commonly mortgages, car loans and credit card balances, are liabilities that both spouses are responsible for. Individual debts, on the other hand, are debts solely in the name of one spouse.
It is also important to identify separate debts that one spouse incurred before the marriage or after the date of separation.
Assets
In some cases, assets can offset debts. For instance, couples may opt to offset joint debts by assigning certain assets to one spouse in lieu of assuming a portion of the debt burden. In Ohio, the median value of a home is $183,300. This is often a couple's largest asset.
Equitable distribution
When dividing debts, Ohio courts consider various factors. They include the duration of the marriage, each spouse's income and earning capacity, contributions to the marital estate and any dissipation of assets or debts. However, many divorcing couples can negotiate a settlement agreement on debt division without court involvement.
Child support and alimony obligations
Child support and alimony obligations take precedence over other debts during divorce proceedings. The parties should address these financial obligations first to help ensure the financial stability of both parties post-divorce.
By addressing these considerations, divorcing couples can navigate debt division with more clarity and fairness.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520552024-01-11T19:37:27Z2024-01-11T19:37:27ZSole physical custody
Physical custody refers to where the child resides the majority of the time. In cases of sole physical custody, where the child lives with one parent most of the time, the noncustodial parent typically pays child support to help cover the costs of raising the child. The amount is often calculated based on the noncustodial parent's income and the child's needs.
Joint physical custody
Joint physical custody, where the child spends a significant amount of time with each parent, may result in a different child support scenario. In such cases, the court may consider the income of both parents and the time the child spends with each. This could lead to a reduced child support obligation for the parent with fewer custodial responsibilities.
Legal custody
Legal custody pertains to decision-making authority regarding the child's upbringing. These include decisions relating to education, healthcare or religious matters. While it does not directly impact child support calculations, it can indirectly influence financial responsibilities. For instance, if one parent has sole legal custody, they may bear the sole financial burden of decisions related to the child's education or medical expenses.
Impact of custody modifications
Child custody arrangements are not always set in stone. Life circumstances can change, and modifications may be necessary. If there is a significant change in the custody arrangement, it can affect child support obligations. A parent who gains more custodial time may seek an adjustment in child support to reflect the increased responsibilities they now bear.
In 2021, the child support program collected $32.7 billion. This figure goes to show how many individuals are paying child support, but it also brings to mind the reality that not all child custody and support plans are alike.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520532024-01-09T18:59:09Z2024-01-09T18:59:09ZFinancial considerations
One aspect to contemplate is the financial implications of retaining the family business versus selling it. If one spouse wishes to keep the business, they may need to compensate the other spouse for their share through other assets or financial arrangements.
Operational challenges
Running a family business requires collaboration and shared responsibilities. During a divorce, maintaining such collaboration may become increasingly difficult. The emotional toll of the divorce process can affect the efficiency and harmony necessary for successful business operations. Selling the business could provide a clean break, allowing both parties to pursue individual ventures without the ongoing ties of shared business responsibilities.
Market conditions
External economic factors and market conditions also affect the viability of selling a family business during a divorce. If the market is favorable, selling the business may result in a more substantial financial gain for both parties, ensuring a fair distribution of assets.
Future growth and stability
About 996,693 small businesses operate in Ohio. If a business is thriving and has potential for future growth, one spouse may have the motivation to retain ownership. On the other hand, if there are concerns about the stability or sustainability of the business, selling it could provide a more secure financial future for both parties.
Emotional well-being
Divorce is an emotionally challenging experience, and the strain can spill over into the family business. Selling the business may alleviate some emotional stress, allowing both spouses to focus on personal healing and rebuilding their lives independently.
Whether selling a family business makes sense in an Ohio divorce depends on various factors. Each case is unique, and couples should carefully weigh these factors to make informed decisions that best serve their individual and collective interests.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520382023-12-14T21:11:36Z2023-12-16T21:10:32ZIncome
The median household income in Ohio is $66,990. That can drop after a divorce. With the separation of assets and possible spousal support or child support payments, individuals often find themselves with less money. This income shift can directly impact the amount of money available for retirement savings, necessitating a closer look at one's financial strategy.
Expenses
Divorce not only affects income but also alters the structure of expenses. Individuals may now be solely responsible for housing, utilities and other costs they previously shared. They must identify areas where they can make adjustments to ensure that saving for retirement remains a feasible and realistic goal.
Assets
The division of assets during a divorce can have a lasting impact on retirement savings. Individuals may find themselves receiving a portion of their ex-spouse's retirement accounts or other assets. Understanding the implications of these divisions, including tax considerations, is important for making informed decisions about how to manage and allocate these resources to secure one's financial future.
Rebuilding
For those who relied on a joint retirement strategy, divorce may necessitate a period of rebuilding. Catching up on retirement savings becomes a priority, and individuals may need to reassess their timeline for retirement. This process may involve setting new savings goals, considering investment strategies and exploring opportunities for more income to compensate for lost time and resources.
By carefully examining their retirement savings goals, individuals can navigate the challenges of divorce and embark on a path toward a secure retirement future.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520362023-12-14T21:08:54Z2023-12-14T21:08:54ZCredit scores
Divorce can have a significant impact on the credit scores of both parties. During marriage, couples often share joint financial responsibilities, such as mortgages, loans and credit cards. When a divorce cuts these financial ties, it is important to disentangle shared debts. Failing to do so can lead to unforeseen consequences for both individuals.
Shared debts
Shared debts have the potential to haunt individuals post-divorce. Even if a divorce settlement assigns responsibility for specific debts to one party, creditors do not have to follow this agreement. If the responsible party fails to meet their financial obligations, the creditor can turn to the other ex-spouse. This can result in late payments or defaults, adversely affecting credit scores for years to come.
Creditworthiness
The average credit score in Ohio is 695. To mitigate the risk of credit score damage after a split, divorcing couples must proactively address shared debts. This involves closing joint accounts, refinancing loans in one party's name or settling debts before finalizing the divorce. Regularly monitoring credit reports is also important to catch any discrepancies or outstanding debts that the divorce proceedings overlooked.
Future financial independence
A strong credit score can offer immediate financial stability and long-term independence. A lower credit score can impact an individual's ability to secure loans, mortgages or even employment opportunities.
Recognizing the potential pitfalls and taking proactive steps to protect creditworthiness can empower individuals to navigate post-divorce life with financial resilience.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520222023-09-25T16:40:10Z2023-09-25T16:40:10ZFind closure from within
True closure does not rely on external sources, such as your ex-partner or the circumstances surrounding the divorce. Instead, closure begins with recognizing that it can only come from within yourself. Seeking closure internally allows you to maintain control over your emotions and future. It also involves comprehending and accepting the reality of the end of your marriage, even when unanswered questions linger. Internal closure empowers you to reflect on your experiences and grow as an individual. It is an important step towards emotional recovery.
Build your support network
Healing after a divorce is not a solitary endeavor. It is a good idea to seek support during this challenging process because divorce can negatively affect your mental well-being. For example, depression is 2.5 to 9.4 times more likely to impact people who have recently undergone stressful life changes like divorce. You can speak with a professional therapist or join an in-person or online support group for people going through similar struggles.
Reconnecting with friends and family can also be beneficial. Sharing your experiences and emotions often leads to valuable insights and comfort. Remember that closure is a lifelong journey, and having a support system can make it more manageable.
Embrace personal growth
Seeking closure after divorce can set the stage for profound personal development. Closure propels you to adapt to change, fostering resilience and the ability to embrace new beginnings. It offers opportunities for self-discovery, growth and the crafting of new narratives. Through this process, you can heal yourself and emerge as a more resilient and self-aware individual, ready to face life's challenges with newfound wisdom and optimism.
In the aftermath of a divorce, seeking closure is not about finding all the answers or neatly tying up loose ends. Ultimately, finding closure is an act of self-compassion and strength, enabling you to create a brighter chapter in your life post-divorce.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520182023-07-21T20:52:50Z2023-07-21T20:52:50Znegotiation of the contract.
1. Know the industry
Before beginning any contract negotiation, familiarize yourself with the industry to grasp the bigger picture. Understand the expected pay scales and the scope of the competition so that you can develop a rational, supported position in the negotiation.
2. Know your worth
Understand the value of your role, experience and education for informed negotiation. Familiarize yourself with the income expectancy for people in similar positions with comparable experience. This makes it easier to advocate for your position.
3. Have a goal in mind
A successful negotiation benefits from setting a goal. Know what you hope to get from the process, including your complete compensation package. That means considering not only salary but also benefits and stock options. Consider what feels equitable for your position as you negotiate your employment contract.
4. Work with an attorney
Working with an attorney ensures that you have someone working on your behalf to represent your interests. Choose someone with experience in your industry to help ensure fairness in your contract.
Preparing for contract negotiations in your job search helps you fight for the salary and compensation package you feel is right for you. These are four tips that will empower you to approach your contract negotiation with confidence.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520022023-06-26T20:50:13Z2023-06-26T20:50:13ZNoncompete agreements and the NLRA
On May 30, 2023, a memo issued by Jennifer Abruzzo, General Counsel for the National Labor Relations Board, declared that noncompete agreements violate the NLRA. The memo stated that such agreements unlawfully impede employees from exercising their rights under Section 7 of the NLRA. Section 7 of the NLRA protects employees' rights to engage in collective activities, such as working together to improve working conditions.
The memo further explains that overbroad noncompete agreements, which apply unduly strict limitations on employees' post-employment activities, undermine these rights. They can hamper employees' abilities to seek better working conditions, consider employment with a local competitor or even plan collective resignations for improved conditions.
Implications for employees and employers
The implications of this memo are substantial for both employees and employers. If an employer uses noncompete agreements, they could face unfair labor practice charges, as the NLRA may consider these agreements violations. This could result in litigation and subsequent complaints from the NLRB's regional offices.
However, it is important to note that the memo does not say that all noncompete agreements violate the NLRA. The focus is primarily on overbroad agreements. The NLRA might not consider more narrowly tailored agreements that protect legitimate business interests, such as proprietary or trade secrets, in violation. Additionally, the memo does not impact noncompete agreements for managerial or supervisory staff, as the NLRA is only applicable to nonmanagerial, nonsupervisory employees.
As you navigate your career path, it is essential to understand noncompete agreements and your rights under the NLRA.]]>On Behalf of Mowery Youell & Galeano, Ltd.https://www.myglaw.com/?p=520002023-05-24T01:27:23Z2023-05-24T01:27:23ZWhat do noncompete agreements say?
Sometimes, physicians choose to leave their employers and become independent. A noncompete agreement limits where they may practice for a set period. Also, those doctors must stop seeing their current patients.
Why are noncompete agreements harmful?
Noncompete agreements leave doctors with reduced bargaining power. They subsequently lack the leverage to negotiate better working conditions and salaries. This may be a primary source of the increasing doctor shortage.
Physicians often have little choice but to agree to a noncompete agreement. Partnering with a large medical organization means shouldering less financial risk. Such may be necessary when young physicians are trying to pay off medical school debt. Employers sometimes agree to help reduce that obligation. This further ties medical practitioners to their current situation.
Patients suffer as well. Relationships between doctors and those they treat strengthen over time. If a doctor makes a change, patients have to move to another physician and start over.
Ending noncompete agreements for doctors would create a more dynamic marketplace. This could result in happier livelihoods for them and superior service for patients. Since better medicine benefits everyone, changing the law is bound to be popular.]]>