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.
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.
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:
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?
What 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:
- All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
- All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
- 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;
- Anything that is not separate property.
When 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:
- Spousal support may terminate on a specified date;
- Spousal support may terminate upon the occurrence of a specified event;
- 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;
- Spousal support may terminate as a matter of law upon remarriage of the recipient spouse or the death of either party.
What 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? The court considers a list of factors set forth in Ohio Revised Code 3105.18 (R.C. 3015.18
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…)
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:
Testimonials and reviews come from hard work and know-how. In looking at testimonials, one should look for signs that the attorney will fight for you and will take the time to do some of the little things that may need done in the case.
Daniel Gigiano is an attorney who cares about getting justice for his clients, as well as looking out for their well-being. This culture of going the extra mile had its roots back in the days when he was an assistant prosecutor. While working in the juvenile division, word got around that Attorney Gigiano not only ran a tight ship and was a bulldog in the courtroom, but he also took the extra time with the people involved in the cases, as well as opposing counsel. Word traveled quickly, as the people involved and his peers spoke highly of his work. Attorney Gigiano was promoted to supervisor where he managed a large caseload. He continued to receive compliments for his willingness to give his time to people and ensure justice. (more…)
Positive reviews come from positive results. In reviewing an attorney, one should look for client reviews, peer reviews (reviews from other attorneys), results (in an accomplishments or case highlights section), and experience. At the end of the day, it is important to have an attorney who has the skills to help you get the results you deserve. Clients and opposing attorneys have submitted favorable Daniel Gigiano reviews. This comes from hard work and dedication to my client’s cases. I started off prosecuting dozens of jury trials as an assistant prosecutor. I took that experience into private practice, winning the first criminal defense case that I took to a jury trial in 2000. It was an assault case that not only resulted in a not guilty verdict, but the victim was established as the instigator of the entire incident. I continued to be aggressive, winning a DUI case in 2002, a felony drug case in 2002, forcing the State of Ohio to dismiss over 100 felony counts against my client in 2003, winning a felony theft of a motor vehicle case in 2007, obtaining a dismissal of a DUI case in 2007, winning a sexual imposition case in 2011, and winning an assault case in 2015. These are not the only cases I tried, as I have tried approximately 40 jury trials to a verdict as both an assistant prosecutor and in private practice. I also persuaded the Ninth District Court of Appeals to reverse a permanent custody ruling against my client, creating a new rule for the courts to follow in a case commonly referred to as In Re A.P. II. This new rule won the day for my client who was allowed to reunite with the child. I have also helped other people in children services cases, obtaining a dismissal in 2012, and preventing a children services case and criminal charges from being filed in 2014. Add to this the removal of six figures of mortgages while allowing the clients to keep their home in bankruptcy, as well as handling large bankruptcies, including one business bankruptcy that had over one million dollars in debt. (more…)