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Law Offices of Virginia C. Cornwell

(614) 225-9316
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Who gets the dog in divorce?

April 29, 2015

attorney, lawyer, divorce, columbus, ohio, lawyers, attorneys, divorce lawyer, divorce lawyers, divorce attorneysAs much as we love Fido, when it comes to divorce, under Ohio law, Fido is considered property, not a child.  Yet we still hear about “custody battles” over pets all the time.  Why?  Well, the answer is simple.  Fido may be legally property, but he may be very cherished property, and the parties do not agree which of them is going to take Fido after the divorce is over.

So what happens then?  If the parties cannot agree who will be awarded the dog in the divorce, the Judge will hear evidence regarding such things as who paid for the dog, was the dog owned before marriage, who cared for the dog, and the like.  The court is aware that the dog is a living thing and not simply a piece of furniture, and that one or both of the parties are very attached to the dog.

Sometimes courts will make orders such as “the dog travels with the children”, so that the children are never separated from their beloved pet, and the animal visits both households when the children do.  If there are no children, the court may still make orders that allows each of the parties to see the dog from time to time, but the parties are hostile, it is more likely that the court is going to award the dog to one party or the other.

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CHILD SUPPORT LAWYER, DIVORCE CHILD SUPPORT LAWYER,  CHILD SUPPORT ATTORNEY, COLUMBUS CHILD SUPPORT LAWYER, COLUMBUS OHIO CHILD SUPPORT LAWYERWant your questions answered by a live person (either in person or by telephone)?  We would be happy to schedule a consultation with you.

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Ohio Cash Medical Support Orders and Child Support Deviation

April 29, 2015

CHILD SUPPORT PACIFIERSince 2008, Ohio has had additional child support orders called “cash medical support orders”.  These orders only come in to play when private health insurance is not available to the child who is the subject of the support order and/or the child is on Medicaid, Molina, Care Source or some other publicly funded health insurance.  If the child is not on a publicly funded health plan, then the cash medical support goes to the residential parent.  If the child IS on a publicly funded health plan, then the cash medical support goes to the county that is administering the plan or to the State of Ohio.

Situations where the child is on a publicly funded health plan can be problematic when parties are in divorce or child support litigation, and part of the proposed settlement includes a “zero child support” term.  Cash medical support is not subject to deviation.  Therefore, if the child does not have health insurance, the non-residential parent (or non-school placement parent) is going to pay SOME child support, whether they like it or not.  The parties simply do not have the power to bargain cash medical support away.

For more information about cash medical support in Ohio, see our article about cash medical support:

https://cornwell-law.com/10/10-things-you-need-to-know-about-changes-to-ohio-child-support-law/

CALL NOW  at (614) 225-9316

CHILD SUPPORT LAWYER, DIVORCE CHILD SUPPORT LAWYER,  CHILD SUPPORT ATTORNEY, COLUMBUS CHILD SUPPORT LAWYER, COLUMBUS OHIO CHILD SUPPORT LAWYERWant your questions answered by a live person (either in person or by telephone)?  We would be happy to schedule a consultation with you.

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Supreme Court of the United States to Hear Issue of Gay Marriage on April 28, 2015

April 27, 2015

GAY DIVORCE OHIO, GAY DISSOLUTION OHIOTomorrow, in cases consolidated as Obergefell v. Hodges, the U.S. Supreme Court will hear arguments regarding two very important issues relating to gay marriage:

  1. Whether bans on gay marriage are constitutional; and
  2. If the bans are constitutional, whether those states with bans may refuse to recognize out-of-state gay marriages performed where they are legal.

This decision is the pivotal case for gay marriage, and for gay divorce.  Previously, cases regarding gay marriage decided collateral issues, such as whether a legally married spouse may claim the estate tax exemption, such as in United States v. Windsor.  Although United States v. Windsor found the Defense of Marriage Act to be unconstitutional, it did not go far enough to require states to repeal bans on gay marriage or to force them to recognize legitimate marriages from other states.

Michigan, Ohio, Tennessee and Kentucky are defending their bans against gay marriage before the Supreme Court.  A decision in the case is expected by the end of June, 2015.

CALL NOW  at (614) 225-9316

DIVORCE LAWYER, DIVORCE LAWYERS IN COLUMBUS OHIO, FAMILY LAWYER,  FAMILY ATTORNEYS IN, A FAMILY LAWYER, FAMILY LAW LAWYERS, FAMILY LAWYERS, OHIO DIVORCE LAWYER, FAMILY LAW ATTORNEYS, attorney ohio family law, columbus attorneys, columbus lawyers, columbus lawyer, columbus attorney, ohio divorce attorney, lawyer in columbus ohio, lawyer columbus ohio, columbus ohio lawyer, columbus ohio attorneys, attorney at law ohio, divorce lawyer columbus, divorce attorney columbus, ohio divorce lawyers, ohio divorce lawyer, ohio divorce attorney, ohio divorce attorneys, columbus divorce attorneyWant your questions answered by a live person (either in person or by telephone)?  We would be happy to schedule a consultation with you.

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Helping the court understand what your ex has and has not paid toward medical expenses for your child

April 18, 2015

CONTEMPT LAWYER, CONTEMPT ATTORNEYIn Ohio, if your ex is court ordered to pay for part of your child’s medical expenses, and they are not doing it, then you may have to go back to court to enforce your order.  First, you need to follow the process to ask your ex for what is due.  In order to avoid problems, both with your ex (theoretically) and with the court, you need to get ORGANIZED.

Because of health insurance, paying for medical expenses can be complicated.  Therefore, you want to collect documents and organize information to show that you have gone through all the necessary steps and the money you are asking for is actually due.  Here is a list of information (and supporting documents) that you need to organize:

  • Date of Treatment
  • Name of Service Provider
  • Amount of Bill
  • Date Bill Sent to Other Party (note, you may have a deadline for this in your court order, such as 30 days)
  • Amount Insurance Paid (you should have provided your ex and/or the court with a copy of an explanation of benefits)
  • Amount You Paid (you should have provided your ex and/or the court with a copy of the receipt)
  • Amount Paid by the Other Party (your ex) (show the court copies of their check)
  • Amount of Unpaid Bill
  • Amount Still Due From the Other Party (your ex)

Ideally, the best way to organize this information is in a spreadsheet.  If you don’t have spreadsheet software, don’t worry about that, because the Supreme Court of Ohio has prepared a form that you can use to track this information, and to show the court how much is still owed.  Remember, this form is not a substitute for the supporting documents, just a SUMMARY of the supporting documents.  To see the Supreme Court’s form for tracking medical expenses, follow this link:

http://www.supremecourt.ohio.gov/JCS/CFC/DRForms/Form26.pdf

Before you file for contempt, you are required to try to work it out with the other party in some way.  You can use this form to help get yourself organized and see what is truly owed on medical expenses.  When you have given this to your ex, along with the supporting documents, if they still won’t pay, then you are prepared to assist your attorney with preparing for going to court.  Note: this is not the ONLY way to present your ex with medical expenses.  He or she cannot refuse to pay until you give them this spreadsheet.  It is just an organized way to present things to your ex and to the court.

You still have to understand the rules of evidence to get your documents into evidence at trial, but organization is half the battle and you will be well on your way to getting what is owed to you.

Columbus Contempt Lawyer

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DIVORCE LAWYER, COLUMBUS DIVORCE LAWYER, FAMILY LAWYER,  FAMILY ATTORNEYS IN, A FAMILY LAWYER, FAMILY LAW LAWYERS, FAMILY LAWYERS, OHIO DIVORCE LAWYER, FAMILY LAW ATTORNEYSDo you want your questions answered by a live person (either in person or by telephone)?  We would be happy to schedule a consultation with you.

Franklin County Contempt Lawyer

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Motions to Set Aside Magistrate’s Orders in Ohio

April 12, 2015

LEARN MORE 2Virginia Cornwell is a Columbus Divorce Lawyer and an Ohio State Bar Association Certified Family Relations Specialist.

Magistrate’s Orders are different than Magistrate’s Decisions.  They are orders which do not dispose of any claim or defense of any party.  However, sometimes people do not like their Magistrate’s Orders and they want to “appeal”.  Here are some things you need to know about Magistrate’s Orders.

  1. The way that people “appeal” a Magistrate’s Order is by filing a Motion to Set Aside Magistrate’s Order, NOT by filing an Objection to Magistrate’s Decision.
  2. Motions to Set Aside Magistrate’s Orders are governed by Ohio Rule of Civil Procedure 53(D)(b)(2).
  3. Motions to Set Aside Magistrate’s Orders must be filed no more than 10 days after the date the Order is filed.
  4. Filing the Motion does not stop the Magistrate’s Order from being effective.
  5. The Judge or the Magistrate may enter an order making the Magistrate’s Order ineffective until the Judge hears and rules on the Motion to Set Aside Magistrate’s Order.  (unlikely)

CALL NOW 614-225-9316

DIVORCE LAWYER, COLUMBUS DIVORCE LAWYER, FAMILY LAWYER,  FAMILY ATTORNEYS IN, A FAMILY LAWYER, FAMILY LAW LAWYERS, FAMILY LAWYERS, OHIO DIVORCE LAWYER, FAMILY LAW ATTORNEYSWant your questions answered by a live person (either in person or by telephone)?  We would be happy to schedule a consultation with you.

Columbus Divorce Lawyer

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AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation

OHIO CHILD SUPPORT GUIDELINES CALCULATOR

Ohio Child Support Guidelines Calculator

READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

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  • Columbus Ohio Divorce Lawyer
(614) 225-9316

Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

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  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

INFORMATION

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  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
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  • Prenuptial Agreements or Antenuptial Agreements (3)
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Columbus Ohio Divorce Attorney, Franklin County Family Law Attorneys and Ohio Custody Lawyer honoring the duty to serve the best interests of our clients.

Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535