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Various Blogs regarding Cincinnati Family Law, Estate Planning And Bankruptcy.

At Bailey & Gunderson, our attorneys help people going through some of life's most difficult challenges. We bring our experience, skill and creativity to every case, taking on all types of Family Law including Divorce, Bankruptcy, Probate and Estate Planning issues.  Learning that most people ask the same questions - this blog is our way of providing some general legal information.  Feel free to contact our Cincinnati Law Offices to discuss your specific situation. 

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

Divorce is hard enough on children without the parents pushing them into a tug-of-war over who they love more. Parents in a divorce should continue to love their children and support them both emotionally and financially. Children will respond to the divorce only as well as their parents do. Attorneys can provide advice and guidance for their clients to protect their children and provide for their best interests.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Children Divorce

ELVIS HAD A LAST WILL & TESTAMENT -- SO SHOULD YOU.

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

Everyone should have a Last Will & Testament. Even Elvis Presley knew he had to have a Last Will & Testament to plan for his estate.

A Last Will & Testament is used after your death for the following issues:

1. To cancel any prior Last Will & Testament.
2. To designate the specific disbursement of your assets.
3. To nominate an executor for your estate.
4. To nominate a guardian for your minor children.
5. To establish a testamentary trust and to nominate a trustee for your beneficiaries under a certain designated age; or for beneficiaries who may need assistance with the management of his/her inheritance from your estate.
6. To be used for your overall estate planning.

Without a Last Will & Testament, the State of your final residence has laws to decide how your assets are distributed and who shall serve as the executor of your estate.

You have a choice just like Elvis did. Don’t let the State decide these issues for you. If you do not have a Last Will & Testament, we can help prepare one for you.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Will A

HOW OFTEN CAN YOU FILE FOR BANKRUPTCY?

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

We are often asked by clients who have previously filed for bankruptcy (and are having financial problems again) how long they must wait to file for bankruptcy again to receive a discharge of the client’s debts. Here are some general rules:

If you need to file a Chapter 7 Bankruptcy: You cannot receive a discharge in a new Chapter 7 Bankruptcy if you received a discharge in a prior Chapter 7 Bankruptcy filed within eight (8) years of the filing date of the new Chapter 7 Bankruptcy. If the prior filing was a Chapter 13 Bankruptcy, the prior Chapter 13 Bankruptcy must be reviewed to determine how long you must wait to file a Chapter 7 Bankruptcy.

If you need to file a Chapter 13 Bankruptcy: You cannot receive a discharge in a new Chapter 13 Bankruptcy if you received a discharge in a prior Chapter 7 Bankruptcy filed within four (4) years of the filing date of the new Chapter 13 Bankruptcy; or received a discharge in a prior Chapter 13 Bankruptcy filed within two (2) years of the filing date of the new Chapter 13 Bankruptcy.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 Bankruptcy E

CAN A CHILD DETERMINE WHICH PARENT THE CHILD WILL RESIDE?

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

We are often asked at what age a child can determine which parent the child shall live in situations where the child’s parents no longer live together.

There is a misconception that once a child becomes the age of 14 (or some similar age) that the child can decide where he or she shall live. This is not correct.

Ohio law provides that the wishes of the child are to be considered by the Domestic Relations Court or the Juvenile Court when making a parenting order for the child, however, the child's wishes are not determinative.

There are approximately ten (10) different factors that a Court must consider in determining which parent the child shall reside. The wishes of the child are one of the factors the Court must consider, but the child’s wishes are not controlling.

Legally, the child can make decisions for himself or herself solely upon attaining the age of 18, when they become an adult.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Child Determines Residency

FORMER SPOUSE NOT COMPLYING WITH A COURT ORDER?

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

Do you have a court order from a divorce or dissolution of marriage? Is your former spouse not complying with the order in terms of payment of child support, parenting time with the children, payment of debts, etc.? Did you know you can return to court and have the issues addressed?

The typical procedure is by filing a motion for contempt against your former spouse, and requesting the court to address the issue. If you are successful, the court will also order your former spouse to pay your attorney fees and expenses in bringing the motion.

We typically try first to resolve the issue with the former spouse prior to seeking court intervention. Doing so helps to alleviate the time and expense typically associated with addressing the issue in court.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Motion for Contempt A