Baily & Gunderson

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.

CAN A CHILD CUSTODY ORDER BE MODIFIED?

The simplest procedure to modify a child custody order is if both parents consent to the modification. The best practice is to commit the agreement between the parents to a signed consent agreement, and file the agreement with the Domestic Relations Court that has jurisdiction over the child.

It becomes more complicated to modify a child custody order if both parents do not consent. In order to modify a child custody order, it typically begins with one (or both) of the parents filing a motion to modify the child custody order with the Domestic Relations Court.

A court will not modify a child custody order unless it finds based upon facts that have arisen since the prior custody order, or were unknown to the court at the time of the prior custody order that (1) a change has occurred in the circumstances of the child, or the child's residential parent, or one of the parents with a shared parenting plan; and (2) the modification of the custody order is necessary to serve the best interests of the child.

Do you want to find out if a modification of your current child support order is possible? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can help. If you should have any questions, please call us at 513-631-0022.

Child Custody A

: B&G Law; 10 November 2022; 10 November 2022

LOVE YOUR LAWYER DAY!

Today is “Love Your Lawyer Day”.

Did you know that being a lawyer is one of the oldest professions in the world?

Lawyers provide legal advice and counsel. Lawyers help resolve conflicts and protect individual rights. Lawyers pursue and defend claims and causes of action in courts. This is a short list. Lawyers do many things!

From your “lawyers” at Bailey & Gunderson Co., L.P.A., with offices in Norwood, Anderson Township and Western Hills. Phone: 513-631-0022.

Love Your Lawyer Day C

: B&G Law; 04 November 2022; 04 November 2022

PLANNING FOR A DIVORCE? DO THIS - OBTAIN FINANCIAL RECORDS.

If you are planning for a divorce, it is important for your case and to assist your attorney to make copies of all income tax returns for the past 3 to 5 years; financial statements including bank account, retirement plan and investment statements; credit card and debt (mortgage, auto & personal) statements; loan applications; real estate deeds; automobile titles; paystubs and other income documents; life insurance policies; and healthcare insurance coverage information.

If you or your spouse own a business, obtain copies of the income tax returns and year-end profit & loss and balance sheets for the past 5 years.

Also make copies of all records that can be used to trace and verify separately owned property, such as an inheritances or family gifts.

Do have any questions about this topic? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain this topic further for you. If you should have any questions, please call us at 513-631-0022.

Finances Divorce B

: B&G Law; 04 October 2022; 04 October 2022

WHAT HAPPENS TO PETS IN A DISSOLUTION OF MARRIAGE OR A DIVORCE?

A dissolution of marriage is a divorce by agreement. This means that the spouses have reached an agreement to resolve all of the issues related to the marriage. Therefore, the spouses will have reached an agreement regarding their pets. There may be an agreement that one spouse retains and cares for the pets, or that there is a sharing arrangement where the pets spend time with each former spouse. There may be an arrangement to share expenses for the pets.

However, in a divorce, pets are considered personal property like an automobile or furniture. Just like an automobile or furniture, a domestic relations judge shall award the pet to one spouse in most cases. The decision can be based upon many factors. For example, the judge will consider who adopted the pet? Which spouse takes the pet to the veterinarian? Which spouse cares for the pet on a daily basis? Which spouse takes the pet for walks (if the pet is a dog)?

The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain this issue to you. If you should have any questions, please call us at 513-631-0022.

Pets A

: B&G Law; 13 September 2022; 13 September 2022

WHAT IS A REAFFIRMATION AGREEMENT IN A CHAPTER 7 BANKRUPTCY?

When you file for Chapter 7 bankruptcy, you may have a secured debt that you wish to retain or “reaffirm”. Common examples are real estate mortgages and automobile loans.

To promise to pay this type of debt in a Chapter 7 bankruptcy, you must sign a reaffirmation agreement with the creditor and file the reaffirmation agreement with the Bankruptcy Court. Such would allow you to retain your real estate and automobile.

You are not required to sign a reaffirmation agreement for a secured debt. In some instances, you may not wish to retain the real estate or automobile, and want to surrender it to the creditor. For example, your monthly mortgage payment may be too high, or your real estate requires major repairs. Another example would be an automobile that has too many mechanical issues that are too expensive to fix.

Considerations for signing a reaffirmation agreement include: It must be voluntary; you can demonstrate the ability to afford the payment pursuant to your monthly budget filed with the Bankruptcy Court; and reaffirming the debt is in your best interests.

Remember that if you reaffirm the debt and then fail to pay the debt, you still owe the debt even after receiving your Chapter 7 bankruptcy discharge. You should consult with your bankruptcy attorney regarding the pros and cons of signing a reaffirmation agreement for a secured debt.

A Chapter 7 bankruptcy may be the solution for your debt and financial problems. Please contact us for your free initial consultation with our bankruptcy attorneys from Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: 513-631-0022.

Reaffirmation Agreement