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Archive for June, 2015

Medicaid Eligibility For Long-Term Care In Ohio

How does one determine Medicaid eligibility for long-term care in Ohio?  First, we should differentiate Medicaid from Medicare.  Medicare is insurance.  Medicaid is a need-based program.   Need-based programs are aimed at individuals who cannot afford to pay for the services themselves.   In order to qualify for Medicaid, an individual must qualify for all three of the following:
  1. Categorical eligibility;
  2. Countable income must be at or below a certain level; and
  3. Countable, available resources must be at or below $1,500.
  Categorical eligibility.  An individual can be eligible for Medicaid to pay for nursing home care only if he or she is 65 or older, blind, or disabled.  If the person meets the nursing facility level of care, that person is presumed to be disabled.  The nursing facility level of care depends on the individual requiring:  hand-on assistance with two activities of daily living; hands-on assistance with one activity of daily living and assistance with medications, supervision 24 hours per day to prevent harm, skilled care at less than skilled level, and skilled care at skilled level.   (more…)

What Do You Do When Pulled Over By The Police?

What do you do when pulled over by the police?  This really depends on the situation, but there are some tips that work for traffic stops, especially those where the officer suspects a DUI or OVI.   Be aware that the officer and perhaps his video camera is watching your every move.  Signal and pull over right away, but do so smoothly, safely, and completely.  Put the car into park or, if you have a stick-shift, move the gear to neutral and set the parking brake.  Have your license, registration and insurance in hand as quickly as possible.  Keep your seat belt on.  Turn off the radio and roll your window down.  When the officer approaches your vehicle and asks for your driver’s license, registration and insurance, hand them over.  If you still have not located these items, ask the officer for permission before going to retrieve them.  This will alert the officer that you are merely trying to comply with his or her request and that you are not retrieving a weapon.  The officer will be noting whether you are having difficulty finding these items, especially if it looks clumsy.  The officer may ask questions.  You should either politely decline or keep your answers short and true, without admitting anything.   (more…)

What Do Those Words In My Child Support Order Mean?

There are a lot of technical terms in a child support order that can lead a parent to ask, “What do those words in my child support order mean?”   Ohio Revised Code 3119.01 (R.C. 3119.01) defines a substantial number of these terms.  Lets take a look at some of the terms.   Obligee means the person who is entitled to receive the support payments under a support order.   Obligor means the person who is required to pay support under a support order.   Extraordinary medical expenses means any uninsured medical expenses incurred for a child during a calendar year that exceed one hundred dollars.   (more…)

What Factors Does A Court Use To Decide Child Custody?

What factors does a court use to decide child custody and parenting time?  The following from Ohio Revised Code 3109.051 (R.C. 3109.051) sets forth the factors:  
  1. The prior interaction and interrelationships of the child with the child’s parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not the parent, sibling, or relative of the child;
  2. The geographical location of the residence of each parent and the distance between those residences, and if the person is not a parent, the geographical location of that person’s residence and the distance between that person’s residence and the child’s residence;
  3. The child’s and parents’ available time, including, but not limited to, each parent’s employment schedule, the child’s school schedule, and the child’s and the parents’ holiday and vacation schedule;
  4. The age of the child;
  5. The child’s adjustment to home, school, and community;
  6. If the court has interviewed the child in chambers, pursuant to division (C) of this section, regarding the wishes and concerns of the child as to the parenting time by the parent who is not the residential parent or companionship or visitation by the grandparent, relative, or other person who requested companionship or visitation, as to a specific parenting time or visitation schedule, or as to other parenting time or visitation matters, the wishes and concerns of the child, as expressed to the court;
  7. The health and safety of the child;
  8. The amount of time that will be available for the child to spend with siblings;
  9. The mental and physical health of all parties;
  10. Each parent’s willingness to reschedule missed parenting time and to facilitate the other parent’s parenting time rights, and with respect to a person who requested companionship or visitation, the willingness of the person to reschedule missed visitation;
  11. In relation to parenting time, whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;
  12. In relation to requested companionship or visitation by a person other than a parent, whether the person previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or neglected child; whether the person, in a case in which a child has been adjudicated an abused child or neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; whether either parent previously convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of an offense involving a victim who at the time of the commission was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that the person has acted in a manner resulting in a child being an abused child or a neglected child;
  13. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s rights to parenting time in accordance with an order of the court;
  14. Whether either parent has established a residence or is planning to establish a residence outside this state;
  15. In relation to requested companionship or visitation by a person other than a parent, the wishes and concerns of the child’s parents, as expressed by them to the court;
  16. Any other factor in the best interest of the child.
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Regaining Custody Of Your Children

The United States Supreme Court and the Ohio Supreme Court have repeatedly said that the “right of parents to raise their children has been deemed basic and essential, protected by due process of law.”  While a parent does not lose this right when the other parent is awarded custody of the children, this right does not help much when the noncustodial parent tries to regain custody of his or her children.   Ohio law also creates a hurdle, stating that modification of custody will not occur unless a change in circumstances of the child or child’s residential parent occurs.  If there was a shared parenting decree, the change in circumstances can occur with either parent.  The modification must also be in the best interests of the child, and: (1) the residential parent agrees to a change; (2) the child, with consent of the residential parent or of both parents in shared parenting, has been integrated into the family of the person seeking to become the residential parent; or (3) the harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.   (more…)

Daniel Gigiano Ratings

Attorney ratings come in many forms.  Numerous sites provide ratings.  Yelp is a traditional rating model, where one can find ratings for all types of businesses, including attorneys.  Google Plus has a similar model.  Facebook is another general source that can contain reviews and also lets one see how many people “liked” the business.  The phone book in its physical paper format may be declining, but their online presence is alive and well.  YP (Yellowpages), Dex, Superpages provide valuable information about local businesses, including attorneys.  Some sites appear to gather information from other sites in order to portray a complete set of reviews and profile of the business.  These sites include: Yellowbot and Birdeye.  Finally, there are a number of attorney-specific websites that will provide ratings of attorneys.  Avvo provides a number rating that is not based upon client evaluations, but is based upon a combination of different criteria; Avvo does display reviews from other attorneys and from clients.  Other sites simply provide a compilation of client reviews, including: Lawyers.com, Lawyerratingz, and Martindale. (more…)

Can I Record My Child’s Wishes?

One may ask, “Can I record my child’s wishes?”  The answer is no.  Ohio Revised Code 3109.04 (R.C. 3109.04) specifically prohibits the court from considering such evidence:   “No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the child’s wishes and concerns regarding the allocation of parental rights and responsibilities concerning the child.  No court, in determining the child’s best interest for purposes of making its allocation of the parental rights and responsibilities for the care of the child or for purposes of resolving any issues related to the making of that allocation, shall accept or consider a written or recorded statement or affidavit that purports to set forth the child’s wishes and concerns regarding those matters.”   (more…)

Tuscarawas Township DUI Attorney

One who drives through Tuscarawas Township and receives an OVI citation will be in need of the services of a Tuscarawas Township DUI attorney, who has the familiarity and experience to navigate one’s way through Massillon Municipal Court, Stark County Court of Common Pleas, and Stark County Juvenile Court, where misdemeanor, felony and juvenile DUIs are heard.   Misdemeanor DUI citations issued in Tuscarawas Township are sent to Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Felony DUI indictments for an incident alleged to have occurred in Tuscarawas Township are filed in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Delinquency complaints alleging OVI in Tuscarawas Township are filed in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702.   (more…)

Child Support Deviation

When does a court consider a child support deviation?  Normally, child support follows a specific formula as set forth in Ohio Revised Code 3119.021 (R.C. 3119.021).  However, a court may deviate from the usual amount of child support if the court determines guideline child support would be unjust, or inappropriate, or not in the best interests of the child.   Ohio Revised Code 3119.23 (R.C. 3119.23) sets forth a number of reasons for a court to deviate from the guideline child support amount:   (more…)

Perry Township DUI Attorney

A person who is cited for DUI in Perry Township will need the services of a Perry Township DUI attorney.  A Perry Township OVI lawyer is an attorney who has the familiarity and experience to handle such cases in Massillon Municipal Court, Stark County Court of Common Pleas, and Stark County Juvenile Court, where misdemeanor, felony and juvenile DUIs are heard.   Individuals alleged to have committed a misdemeanor DUI in Perry Township would be required to attend hearings in Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Individuals receiving a felony DUI indictment for an incident alleged to have occurred in Perry Township will be required to attend hearings in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Juveniles receiving delinquency by way of DUI complaints for incidents alleged to have occurred in Perry Township will be required to attend hearings in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702.   (more…)

Parental Rights

I often get asked what parental rights parents have when they are married, unmarried or have a child support order in place.  These are the common questions and the answers to those questions.   What is a putative father?   A putative father is a man who may be a child’s biological father but who is not married to the child’s mother at the time the child is born or who has not established paternity of the child in a court or administrative hearing.   Does a putative father have parental rights?   (more…)

Lawrence Township DUI Attorney

When someone receives a ticket for DUI from a police officer in Lawrence Township, that person will need the services of a Lawrence Township DUI attorney, who has the familiarity and experience to handle such cases in Massillon Municipal Court, Stark County Court of Common Pleas, and Stark County Juvenile Court, where misdemeanor, felony and juvenile DUIs are heard.   Individuals accused of a misdemeanor DUI in Lawrence Township would have their case heard in Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Individuals indicted for a felony DUI alleged to have occurred in Lawrence Township will have their matter addressed in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Juvenile DUIs in Lawrence Township are handled in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702.   (more…)

Jackson Township DUI Attorney

Daniel F. Gigiano, Wadsworth OhioWhen someone receives a DUI citation in Jackson Township, that person will need the services of a Jackson Township DUI attorney.  A Jackson Township OVI lawyer does not necessarily have an office in Jackson Township but has the familiarity and experience to handle such cases in Massillon Municipal Court, Stark County Court of Common Pleas, and Stark County Juvenile Court, where misdemeanor, felony and juvenile DUIs are handled. (more…)

What Is Separate Property In Divorce?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat is separate property in divorce?  It is property that the spouse gets to keep without it being subject to an equitable division by the divorce court.
First, we should look at what is marital property under Ohio law.  The Ohio law defining marital property is found in Ohio Revised Code 3105.171 (R.C. 3105.171).  Marital property is:
  1. All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
  2. All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
  3. Active income, which is all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
  4. Anything that is not separate property.
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When Does Spousal Support End?

Daniel F. Gigiano, Wadsworth OhioWhen does spousal support end?  Even when spousal support is determined as lifetime spousal support, it is not necessarily forever.
There are four ways in which an order for spousal support may terminate:
  1. Spousal support may terminate on a specified date;
  2. Spousal support may terminate upon the occurrence of a specified event;
  3. The domestic relations court may terminate spousal support pursuant to its continuing jurisdiction if a change of circumstances has occurred that supports termination of spousal support;
  4. Spousal support may terminate as a matter of law upon remarriage of the recipient spouse or the death of either party.
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What Does The IRS Consider To Be Spousal Support?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat does the IRS consider to be spousal support?  A divorce decree labels payments as spousal support, maintenance, or alimony.  Does that mean that the payments are considered to be alimony by the IRS?  Not necessarily.  Why does this matter?  It matters because qualifying spousal alimony payments are deductible by the payer and included in the recipient’s income.
In Ohio, alimony is called spousal support.  For purposes of this article, we will use the Ohio term.  In order for a payment to qualify as spousal support by the IRS, all of the following requirements must be met: (more…)

How Does A Court Decide Spousal Support?

How does a court decide spousal support?  The court considers a list of factors set forth in Ohio Revised Code 3105.18 (R.C. 3015.18):
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Dividing A Business In Divorce

This article will address dividing a business in divorce.  Usually, a qualified expert witness will be needed to provide evidence of the valuation of a business.  The expert looks at various factors, such as the history of the business, risk involved in the particular business, among other factors. Utilizing such factors, the expert determines the fair market value of the business.  The parties will have to decide if they want to agree on a single expert or if they wish to hire their own experts.  With the price of a business evaluation expert being $10,000 or more, this is no small decision.  Factors that may be considered in whether to share an expert include: whether the business-owning spouse is likely to disclose all assets and liabilities of the business, including receivables; whether the business-owning spouse had a history of keeping thorough and reliable records; and how well the non-business owning spouse knows the business. (more…)

Summary Of Attorney Daniel Gigiano Reviews

A number of satisfied clients have submitted positive reviews of Attorney Gigiano.  These reviews and client testimonials are earned by hard work and dedication to the client’s case.  A summary of Attorney Daniel Gigiano reviews are as follows:
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