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Ohio Outlaws Debtors’ Prison

The Ohio Supreme Court has ordered Ohio courts to stop reviving debtors’ prison.  In other words, Ohio outlaws debtors’ prison.  In February 2014, the high court indicated that it would not tolerate the court’s imprisoning people who could not afford to pay fines and costs.   What is debtors’ prison?   (more…)

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…)

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…)

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…)

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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Testimonials And Reviews of Daniel Gigiano

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…)

Daniel Gigiano Reviews

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…)