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Archive for June, 2013

Custody And Parenting Time

Attorney Gigiano has successfully represented individuals seeking custody and parenting time.  Ohio courts generally favor shared parenting.  The court allocates the parental rights and responsibilities between the parties based on a number of the best interests of the children who are not yet age 18 or have not graduated from high school.  However, if no shared parenting plan is submitted or if shared parenting is not in the best interests of the children, the court will name one of the parents as the children’s residential parent and legal custodian.  Attorney Gigiano has the skills to draft a shared parenting plan that will be approved by the court.  In cases that are contested, Attorney Gigiano fights for his client's rights to his or her children.   

Child Support And Spousal Support

Child Support

The amount of child support is determined under Ohio child support guidelines, based on the number of children and the parent’s income, along with a number of other factors.  Child support is paid to the child support enforcement agency, usually by wage withholding.  

Spousal Support

Ohio uses the term spousal support, instead of alimony or maintenance.  Spousal support is awarded to help sustain a spouse during the pending divorce action or as a part of the final decree.  Some of these factors courts consider are the ages, earning ability and health of the parties, the length of the marriage, and the standard of living during the marriage.   Attorney Gigiano has successfully litigated child support & spousal support issues.  Call now to find out how he can fight for your right to fair amount of support in court.  

Divorce

While a dissolution starts with an agreement, a divorce is filed due to differences between the parties on one or more of the major issues, which include property division, spousal support and matters regarding the children. Once a divorce is filed, the court will usually issue temporary orders.  Such temporary orders generally consist of restraining orders, allocation of parental rights and responsibilities, child support, and spousal support. An experienced divorce attorney can help people decide whether to pursue a dissolution or a divorce.  

Dissolution

A dissolution of marriage is an action where the parties enter into an agreement to terminate their marriage.  Neither party has to prove grounds to end a marriage by dissolution.  This action is only started after the husband and wife have signed a separation agreement regarding all property, spousal support and any child-related issues.  After jointly filing a Petition for Dissolution, a hearing will be scheduled by the court no less than 30 days but no longer than 90 days after the date of filing.  At the hearing, the court will review the separation agreement, ask about the assets and liabilities and any parenting issues, and determine whether the parties understand and are satisfied with the settlement.  If the court is satisfied that the agreement is fair, the parties agree and desire to end their marriage, the court will grant a dissolution and make the separation agreement an order of the court.  An experienced divorce attorney can assist with drafting these documents and getting them approved by the court.

Mechanic’s Lien For Contractors And Subcontractors

Mechanic’s liens can be an effective tool to collecting the money that you earned in the construction of a residential or commercial building.  A mechanic’s lien can be filed 60 days from the last date of work on a residential project, or 75 days from the last date of work on a commercial project. Because mechanic’s liens are first in time, first in right, it is important to file early if it appears that the subcontractors are not going to be paid.  In such situations, it is not unusual for numerous mechanic’s liens to be filed on the property.

Mechanic’s Lien For Property Owners

Some mechanic’s liens can be defeated easily.  The lien is technically invalid if it was filed more than 60 days from the last date of work on a residential project, or more than 75 days from the last date of work on a commercial project. The mechanic’s lien statute also has special protections for homeowners, especially if the homeowner paid the builder in full. Finally, the owner of the premises can force the holder of lien to either file a lawsuit to enforce the lien or otherwise abandon any rights held under the lien.

Wills

A will is a document that sets forth how a person's probate property will be distributed upon death.  To be valid, a will must meet the following requirements: the person making the will must be at least 18 years old and be of sound mind; with some limited exceptions, the will must be written and signed; and the will must be witnessed by at least two persons. (more…)

Financial Power of Attorney

A financial power of attorney gives another person the power to handle that person’s financial matters.  The power of attorney can either designate that the attorney-in-fact’s authority begins immediately after it is executed or that such authority will "spring" into effect at a future date or upon a particular event.  Usually, the springing event is when two examining physicians determine that the principal is no longer competent.  Before choosing a “springing” power of attorney, it is important to consider the need for the agent to show proof of the event.  However, such powers always terminate upon the death of the principal. (more…)

Health Care Power of Attorney

A health care power of attorney gives another person the power to make health care decisions if the person cannot make them for himself or herself, regardless of whether or not the condition is terminal.  The power of attorney is bound by that person’s wishes, which includes the instructions within a living will.  

Criminal Defense

When stopped or questioned by the police, you do not have to talk to them about the offense.  The United States Supreme Court, in Miranda v. Arizona, ruled that, when the police take you into custody and question an individual, they must warn you of the following: (more…)

Chapters 7 & 13

I am an experienced bankruptcy attorney that serves clients in the Akron and Canton bankruptcy courts.  Clients who reside in the following counties are in the Akron court’s jurisdiction: Medina, Summit and Portage.  Clients who reside in the following counties are in the Canton court’s jurisdiction: Wayne, Stark, Holmes, Tuscarawas, Ashland, Carroll, Richland and Crawford Counties. (more…)

Living Wills

In the event that a person becomes terminally ill or permanently unconscious, a living will is a road map of that person’s wishes as to the use of life-support, the course of medical treatment, and the use of artificial fluids and feeding.  Living wills are only used when the person is unable to communicate their wishes.  While the person making the living will can revoke or change it at any time, it cannot be revoked or changed by anyone else.