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Minimum Amount Of Child Support

Is there a minimum amount of child support that a court must order?  Yes, there is.  Courts usually order guideline support, which is the amount of support calculated under the child support guidelines.  However, Ohio Revised Code 3119.06 (R.C. 3119.06) requires the court to order a minimum child support order of $50 per month.  If the person is not working and receiving needs-based assistance, then, while the arrearages accrue, the obligation to pay child support is suspended as long as the person is complying with a seek-work order.   Even though the statute says that is the lowest amount, is it?  No.  Ohio law also allows the court to order one to pay less than $50 per month or not require any child support if the parent ordered to pay has a medically verified or documented physical or mental disability or institutionalization for mental illness.   (more…)

Courts Impute Income For Child Support

Courts impute income for child support.  This means that the court will determine that you should make a certain amount of income even if you do not.  How does the court do that?  The court considers employment history, education, physical and mental disabilities, availability of employment in the area, typical wages in the area, skills and training, whether the person has the ability to earn the imputed income, the age and special needs of the child, and experience in the field.  Basically, the court will impute income if a parent voluntarily reduces income or loses a job.  If the income loss or reduction was involuntary and the person cannot easily obtain another job at the same income level, then the court may accept the person’s current income level for child support purposes.   (more…)

Bankruptcy Is Constitutional

Did you know that bankruptcy is mentioned in the United States Constitution?  In other words, bankruptcy is constitutional.  The United States Constitution states:  “[The Congress shall have Power] to establish . . . uniform laws on the subject of Bankruptcies throughout the United States.”  Look it up!  U.S. Constitution, Art. I, Section 8, clause 4.   The Framers wanted to ensure that there would be a uniform system of bankruptcy so that one state would not put someone in debtor’s prison for a debt that was discharged in another state.   (more…)

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 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.
  (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…)

Orrville Criminal Defense Attorney

Someone who is accused of a crime in Orrville needs an Orrville criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as disorderly conduct, OVI, domestic violence, forgery, breaking and entering, and felonious assault.  An experienced Wayne County criminal defense attorney investigates potential defenses and errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, giving the client the chance to avoid prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation are usually challenged through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence that was obtained from the police’s wrongful conduct.  Once this tainted evidence is removed from use at trial, the charges are often dismissed.  At the very least, eliminating the state’s evidence can make it difficult for the prosecutor to try the case. (more…)

Dalton Criminal Defense Attorney

A Dalton criminal defense attorney defends individuals accused of committing crimes in Dalton, Ohio.  The Dalton criminal defense lawyer in Wayne County, Ohio, provides defenses for a variety of criminal cases, such as felony drug possession, sex offenses, felony theft, menacing, and DUIs.  An experienced Wooster criminal defense attorney in Medina County determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, saving the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation are usually challenged through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence that was obtained from the police’s wrongful conduct.  Having such evidence removed from use at trial can result in immediate dismissal of the charges or seriously impair the prosecutor’s case at trial. (more…)

Burbank Criminal Defense Attorney

A Burbank criminal defense attorney provides aggressive representation for individuals accused of crimes in Burbank, Ohio.  The Burbank criminal defense lawyer is available to represent people named as defendants in court for a wide variety of crimes, including rape, gross sexual imposition, drug trafficking, forgery, domestic violence, menacing, theft, driving under suspension, DUI, and traffic offenses.
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West Salem Criminal Defense Attorney

A West Salem criminal defense attorney provides aggressive representation for individuals accused of committing a crime in West Salem, Ohio.  The types of crimes one may be accused of consists of a wide range, including felonious assault, gross sexual imposition, trafficking in drugs, domestic violence, sexual imposition, operating a vehicle under the influence of alcohol, disorderly conduct, and traffic offenses.

West Salem Criminal Defense Attorney Practices In Wayne County Courts 

  Crimes alleged to have been committed in West Salem, Ohio, can be heard in one of several Wayne County Courts.  Misdemeanor charges are heard in the Wayne County Municipal Court 215 S. Grant St., Wooster, Ohio 44691 or West Salem Mayor’s Court, 27 S. Main St., West Salem, Ohio 44287. Felony charges can begin in municipal court, but the majority of the case, and any trials will be heard in Wayne County Court of Common Pleas, 107 W. Liberty St., Wooster, Ohio 44691. Juvenile cases arising out of West Salem are heard in the Wayne County Juvenile Court, 107 W. Liberty St., Wooster, Ohio 44691.

West Salem Criminal Defense Attorney Explains The Process 

  Criminal cases start with the arraignment and bond hearing, followed by the pre-trial.  If the matter cannot be resolved, it then proceeds to a trial to the court or trial by jury. In the event of a conviction, the matter proceeds to sentencing. Misdemeanor cases typically have a maximum sentence of 180 days in jail. Felony cases can result in a prison sentence.

West Salem Criminal Defense Attorney Practices In Medina County Courts and Stark County Courts

  To learn about other nearby criminal courts, click on any of the following links: Burbank criminal defense attorney; Smithville criminal defense attorney; Medina criminal defense attorney; Wadsworth criminal defense attorney; Massillon criminal defense attorney. To read more on criminal law, click on any of the following links to my other articles related to criminal law: Ohio outlaws debtors’ prison; What is felony theft in Ohio; Medina County felony trial attorney; Automatic lifetime registration for juvenile sex offenders is unconstitutional; Ohio has a unique restriction on traffic stops; When is consent to search valid; Castle law allows you to defend yourself in your home. My hard work has resulted in successful results for many of my clients, including the results shown in the case highlights section. This success is reflected in the following links to my reviews and work: Daniel Gigiano reviews; Daniel Gigiano ratings; Daniel Gigiano; Daniel Gigiano work; Working with Daniel Gigiano.

Learn How West Salem Criminal Defense Attorney Can Help You 

  Attorney Gigiano is an experienced West Salem criminal defense attorney in Medina County.  Attorney Gigiano regularly practices in the Wayne County Courts, as well as other local courts.  If you have questions about this or other questions you need answered by an experienced Orrville criminal defense lawyer in Wadsworth, please call Attorney Daniel F. Gigiano at 330-336-3330.  Attorney Gigiano’s office is located at 102 Main St., Ste. 200, Wadsworth, Ohio 44281.

Marshallville Criminal Defense Attorney

A Marshallville Criminal Defense attorney represents individuals charged with a crime alleged to have been committed in Marshallville, Ohio.  A Marshallville criminal defense lawyer represents individuals for a variety of criminal cases, such as felonious assault, drug abuse, domestic violence, disorderly conduct, and traffic offenses.  An experienced Orrville criminal defense attorney in Marshallville investigates defenses that can lead to acquittals and dismissal of charges.  Some defenses involve police errors that can be challenged through a motion to suppress. (more…)

Wayne County Criminal Defense Attorney

A Wayne County Criminal Defense attorney represents individuals charged with a crime alleged to have been committed in Wayne County, Ohio.  A Wayne County criminal defense lawyer represents individuals for a variety of criminal cases, such as aggravated vehicular homicide, negligent homicide, drug abuse, disorderly conduct, and traffic offenses.  An experienced Wooster criminal defense attorney in Wayne County investigates defenses that can lead to acquittals and dismissal of charges. (more…)

Debt Collector Harrassment

The Fair Debt Collection Practices Act (FDCPA) prevents debt collectors from harassing you and calling you outside normal business hours.  While the law gives you some rights, it does not give you the right to avoid your debt.  The FDCPA covers only personal and household debts, but not business debts.  Typical personal debts are vehicle loans and credit card debts.
(more…)

Smithville Criminal Defense Attorney

A Smithville criminal defense attorney in Wayne County defends individuals accused of committing a crime in Smithville, Ohio.  A criminal defense lawyer in Smithville provides defense for a variety of criminal cases, such as negligent homicide, felony OVI, drug trafficking, assault, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Uncovering such defenses or errors can save the client from the severe consequences that can result from a criminal conviction, such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed by filing and pursuing a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is vital to the State of Ohio’s case, this can result in dismissal of the charges. (more…)

Wooster Divorce Attorney

A Wooster divorce attorney provides representation for individuals who either reside in Wooster or who need to go back to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce case in that court.
Where one or both parents are Wooster residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  The attorneys attend a number of hearings to discuss the issues with the court, consisting of a number of pre-trials.  In Wayne County, these hearings are given specific names, including the Status One Hearing, Status Two Hearing, and Pre-Trial.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (more…)

Wooster Criminal Defense Attorney

A Wooster criminal defense attorney represents individuals alleged to have committed a crime in Wooster.  A Wayne County criminal defense lawyer in Wooster provides defense for a variety of criminal cases, such as employee theft, vandalism, criminal damaging, drug paraphernalia, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Finding such defenses or errors can save the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is crucial, this can result in dismissal of the charges. (more…)

Sterling Divorce Attorney

A Sterling divorce attorney provides representation for individuals who either reside in Sterling, Ohio or who are subject to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce or paternity case in that court.
Where one or both parents are Sterling residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  Several “pre-trial” hearings are set by the court, consisting of the Status One Hearing, Status Two Hearing, and Pre-Trial.  In each of these hearings, the attorneys discuss the issues in the case with the magistrate.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (more…)

Sterling Criminal Defense Attorney

Crimes alleged to have been charged in Sterling require the services of a Sterling criminal defense attorney.  A criminal defense lawyer in Sterling provides defense for a variety of criminal cases, such as robbery, firearm specifications, drug possession, domestic violence, and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Finding such defenses or errors can save the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is crucial, this can result in dismissal of the charges. (more…)

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