Patrice Denman Attorney-at-Law

Credit and Divorce

Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Months later, after Bill neglected to pay off these accounts, all three creditors contacted Mary for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that Mary was still legally responsible for paying off the couple’s joint accounts. Mary later found out that the late payments appeared on her credit report.

If you’ve recently been through a divorce – or are contemplating one – you may want to look closely at issues involving credit. Understanding the different kinds of credit accounts opened during a marriage may help illuminate the potential benefits – and pitfalls – of each.

There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit – whether a charge card or a mortgage loan – you’ll be asked to select one type.

Individual or Joint Account

Individual Account: Your income, assets, and credit history are considered by the creditor. Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any “authorized” user. However, if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), you and your spouse may be responsible for debts incurred during the marriage, and the individual debts of one spouse may appear on the credit report of the other.

Advantages/Disadvantages: If you’re not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse’s income. But if you open an account in your name and are responsible, no one can negatively affect your credit record.

Joint Account: Your income, financial assets, and credit history – and your spouse’s – are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid. A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977).

Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don’t pay them can hurt their ex-partner’s credit histories on jointly-held accounts.

Account “Users”

If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse’s name as well as in your’s (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you – not they – are contractually liable for paying the debt.

If You Divorce

If you’re considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during this time, it’s important to make regular payments so your credit record won’t suffer. As long as there’s an outstanding balance on a joint account, you and your spouse are responsible for it.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. Or ask the creditor to convert these accounts to individual accounts.

By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts to individual accounts. The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation.

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. 

At Patrice Denman Co. LPA we are have over 20 years of Family Law experience.  For a free consultation call us at 440-639-1020

PAINESVILLE, OHIO PERSONAL INJURY LAWYER

Have you been seriously injured in an accident in Painesville, Ohio or anywhere in the surrounding Lake County area?

Do you or someone you know in Painesville, Ohio or the surrounding Lake County area need the services of an experienced personal injury lawyer?

The Law Firm of Patrice Denman Co. LPA  provides personal injury solutions to the residents of Painesville, Ohio and throughout Lake County, Ohio in the following areas:

• Personal Injury Accidents
• Car Accidents
• Motorcycle Accidents
• Large Truck Accidents
• Slip and Fall Accidents
• Medical Malpractice
• Defective Product Cases Resulting in Personal Injury
• Wrongful Death
• Insurance Bad Faith

Painesville Child Custody Lawyer

Child Custody Guidelines & Rights After Divorce

At Patrice Denman Co. LPA in Painesville, our attorneys help our clients work out physical and legal child custody arrangements that allow the clients to maintain the strongest possible relationships with their children. Ohio child custody law says that child custody and visitation determinations are to be made from the standpoint of the child’s best interest.

• Creative Child Custody Agreements
• Stepped-Up Visitation
• Rights of Unmarried Parents
• Fathers’ Rights
• Children of Domestic Partnerships

Your advocates in divorce and child custody
Free consultation. Speak with an attorney. 440-639-1020

If you would like to discuss your options under Ohio family law, please contact our office to make arrangements for a free consultation. You will speak with an experienced custody lawyer, not a paralegal or assistant.

Physical custody, legal custody — what do they involve?

The court is required to see that both parents have the opportunity to maintain a strong relationship with a child unless one parent is unfit. Child support cannot be withheld even if visitation is not granted, and vice-versa. A number of different physical and legal custody arrangements are possible:

• Joint legal custody: Ohio law favors an arrangement where parents share legal custody of a child. Joint legal custody means that both parents cooperate in major parenting decisions, those that involve, for example, religion, major medical care, and education.
• Sole legal custody: Our attorneys have seen cases where the court granted one parent sole decision-making authority in a custody decree, most often when the non-custodial parent is absent or unfit.
• Joint physical custody: Joint physical custody describes a wide range of arrangements for residence and visitation and rarely means that a child spends exactly 50% of his or her time with each parent. Our lawyers will be happy to discuss benefits and options afforded by creative custody agreements.
• Sole physical custody: If your ex is a danger to your child or in some other way unfit to have visitation privileges, our lawyers will petition for full physical custody with limited visitation.

Our lawyers have, for over 20 years, served clients in family courts throughout the Painesville area, including those in Chardon, Ashtabula, and Cuyahoga County. Contact our office for a free consultation with a custody lawyer.

For more resources and information, please click here to visit our Child Custody Information Center

Free consultation with a Painesville child custody lawyer. Contact us today.

Know your options as an involved and concerned parent. To speak with a child custody lawyer, please call us at 440.639.1020 or contact us today. Your first consultation is free.

Painesville Spousal Support Lawyer

The state of Ohio recognizes the mutual responsibility for support between spouses. An order for alimony (spousal support) is designed to allow both spouses, after divorce, to maintain as nearly as possible the lifestyles they experienced during the marriage.

If you or your spouse will be requesting temporary spousal support during divorce proceedings and temporary or permanent alimony after the dissolution of your marriage, it is important to work with an attorney with the appropriate experience in order to protect your financial interest. If you would like to speak with a member of our Painesville family law firm, please contact our office to arrange a complimentary consultation.

Your advocates in divorce and spousal support matters
Free consultation. Speak with an attorney. 440-639-1020

Alimony: How long and how much?

The court has broad discretion when ordering alimony. Factors the court will consider when determining permanent or temporary spousal support include need and ability to pay, the length of your marriage and, for each of you: earning potential, occupation, education, health, age, willingness to prepare for a new occupation, and balancing factors related to the division of marital assets.

At Patrice Denman Co. LPA in Painesville, our attorneys have extensive experience in negotiating child support, child custody, and alimony. A lawyer from our office would be glad to explain what options are available to you under Ohio family law.

Enforcement and modification of a spousal support order

Our Painesville family law firm will help you with proceedings for a post-decree modification of an order for alimony. Our attorneys handle modification motions and assist clients in enforcement of existing orders.

Free consultation with a Ohio divorce lawyer. Contact us today.

Painesville Child Support Lawyer
Child Support Calculations & Guidelines

All parents, unmarried or married, are obligated to contribute to the support of their children. If you are going through a divorce, the quality of your life and your child’s life will be strongly influenced by the court’s order regarding child support.

Lawyers at our Painesville firm, Patrice Denman Co. LPA, have been helping clients with divorce and child support proceedings for over 20 years. If you would like to speak with one of our attorneys, please contact our Painesville office for a free consultation.

Your advocates in family law and child support
Free consultation. Speak with an attorney. 440-639-1020

In Ohio, child support is calculated by the court using a table that considers incomes of both parents and other factors. It is important, however, to see that the numbers used are accurate. The court has the discretion to waive the guidelines if special needs of the child or special circumstances of the parent suggest a more equitable arrangement. An experienced Painesville child support lawyer will see that your situation is presented favorably.

Child support Enforcement

Child support payments are not an option, and cannot be withheld because of a dispute over child visitation or other matters. If you are not receiving the child support you are entitled to, our lawyers will help you petition the court to have the payments taken directly out of the paying parent’s paycheck through the process of garnishing wages. If you have been making child support payments, but are not being given access to your child, our attorneys will help you assert your parental rights. 

For more information call 440-639-1020 and a Free consultation with a Painesville child support lawyer. Contact us  

Make sure your child has the support and care of both parents. To speak with a child support lawyer, please call us at 440-639-1020 or contact us today. Your first consultation is free.

NE Ohio Child Custody and Support Lawyer
Painesville – Chardon – Ashtabula

At the Painesville family law firm of Patrice Denman Co. LPA, we take care of our clients’ families, and are never more diligent than when representing parents in proceedings involving child support or child custody. As attorneys with extensive experience in family courts in Lake County, Geauga County, Ashtabula County, and Cuyahoga County, we are able to provide the level of legal services your family deserves.

Your advocates in family law and child custody
Free consultation. Speak with an attorney. 440-639-1020

If you would like to discuss child support guidelines, custody, visitation, post-decree modification, enforcement, or another family law matter with a member of the firm, please contact our office for a free consultation. When you call or e-mail our office for an initial inquiry or as a client, you will speak with a lawyer, not just a paralegal or assistant. We welcome out-of-state clients.

Legal services for Ohio parents

Ohio family law requires a court to make each decision regarding child custody or support based entirely on the best interests of the child. As your legal counsel, our lawyers will help you work out a parenting plan that, whether you are married, divorced, in a domestic partnership, or are an unmarried parent, will protect your parental rights. Our family law attorneys provide services involving:

Child Support

Child Support Guidelines

High Earner Child Support

Child support Enforcement

OHIO PRENUPTIAL AGREEMENTS

Aren’t Prenups unromantic and indicate a lack of trust? Even though one in ten couples now enter into some kind of prenuptial or premarital agreement (“prenups”) many couples are reluctant to enter sign a prenup because it seems unromantic and indicates a lack of trust.

 There are several reasons why this reluctance is misplaced.  

First, if you do not sign a prenup, your marriage will be governed by a complex set of laws. In Ohio they are the Ohio Family Code and Probate Code. Either way your marriage will be governed by a complex set of rules. The choice is between a set of rules negotiated by you or imposed by the State.

Second, from a historical perspective, premarital contracts lie at the root of the institution of marriage. For two thousand years, Jewish marriages have been preceded by a prenuptial agreement called the “Ketubah.”

Third, far from undermining trust, the process of drafting and negotiating a prenuptial agreement may, in fact, strengthen your relationship. The process requires a full disclosure of your financial situation and involves an open and honest discussion of about how you will handle your money and plan your future. One psychiatrist states: “openly agreed upon rules are  likely to be a better foundation for growth than are those latent rules that surface and prove to be either disagreeable or downright outrageous (‘What do you mean, you don’t do dishes?’)”

Fifth, prenups prepare you for marriage. Sooner or later you are going to have to talk about money issues. Why not do it now and save heartache and trouble later on? After your honeymoon is over you will soon find out how earning and spending money is an integral part of your marriage. The Catholic Church recognized this fact and incorporates a prenuptial dialogue in a marital preparation process called “Pre-Cana.”

Sixth, prenups can be drafted to protect both spouses not just a wealthy spouse.

Seventh, it just makes sense. No-one plans on their house burning down, ending up in a nursing home or suffering a disability but they still take out insurance. As Dr. Ruth says: “We live in such a litigious society.  Nobody knows what life brings. Hopefully we will never need it. What’s the big deal? Let’s do it and give it to the attorneys…for the new millennium, a prenup is part of a mature relationship, based on love, mutual trust and optimism.”

Sex and Prenups Ohio prenups cannot regulate child custody or child support.  They cannot regulate your behavior and they cannot punish a spouse for being unfaithful. In one highly publicized prenup, a New Mexico couple agreed that they should have sex at least five times a week, pay for everything in cash and not leave clothes strewn on the floor. Those provisions wouldn’t be enforceable in Ohio. It should be noted that the couple are reportedly still happily married.

 Religion and Prenups Prenups cannot regulate the practice of religion. However, in one important area prenups can provide a spouse with an important religious protection. Under traditional Jewish law, if a husband does not grant his wife a religious divorce or “get,” the woman is considered an “agunah” and cannot get re-married. Ohio does not have a “get” law like New York so in order to protect a Jewish woman’s right to a “get” it is suggested that a prenup contains a penalty clause that the husband pays a fine for every day he does not grant a “get.”

Prenups and Marital Property  In the absence of a prenup, Ohio marital property law provides that all marital property (any property acquired during the marriage that is not a gift or an inheritance) is divided equally upon divorce. It usually does not matter if the property is in one party’s name – if it is acquired during marriage, with some exceptions, it is marital property. Property owned before marriage is separate property and cannot be divided by a court and belongs to that party. However, efforts to improve, enhance or contribute to separate property can create a marital property interest in that separate property. That is where a prenup comes into play. A prenup can provide that your spouse never acquires a marital interest in your separate property.

 If you do not have a prenup, the determination of what is separate and what is marital property often requires the use of forensic accountants. In high-asset cases, the accounting and legal fees can run into the hundreds of thousands, or even millions, of dollars. Furthermore, in determining whether a business owned before marriage has any marital interest, the property must be valued both at the time of marriage and at the time of separation, and sometimes again at the time of the divorce trial which can be years after filing for divorce. Similar calculations are made for real estate and intellectual property. Furthermore, earnings are marital property. If you married without a prenup and earned $50,000,000 during your marriage, that entire sum would be marital property. That means your spouse would own one-half of that property and anything purchased with that property.

Furthermore, if you lost any of that money in a bad investment or mismanaged your assets, your spouse may have an action against you for a breach of fiduciary duty. And if you reinvested those earnings in a separate property business or any other property, your spouse could request that you reimburse the marital for the money spent. In a long term
marriage that tracing may be impossible to do and sometimes the person claiming a separate property interest forfeits their claim.

Under Ohio law, the proceeds of loans are marital property under certain circumstances. If an individual owns companies and uses financing or factoring to finance a business, the loan proceeds can be so commingled in the business that the owner can end up losing his separate property interest. Also if you refinance your real estate, you may be contributing marital property to your separate property asset.

A prenup can regulate all aspects of how separate and marital property assets and liabilities are treated.  In the case of a financially independent couple with their own resources a prenup can provide that all income, assets and debts acquired or incurred remain separate property. Alternatively, in lieu of a marital property distribution, a wealthier spouse might agree to pay the other spouse a lump sum based on the length of the marriage. On the other hand, a couple might agree that all property accumulated during the marriage remain marital property but that certain property brought into the marriage such as family businesses or funds always remains separate property.
Since each situation is different a prenup should be carefully tailored to meet the circumstances of each couple.

Spousal Support Ohio law allows you to waive or limit spousal support as long as the provision is not deemed unconscionable. Unfortunately, as yet there is no case law defining the word “unconscionable.”  If there is a significant disparity in the amount of wealth between the parties, instead of waiving spousal support, the prenup may place limits on the amount
and duration of support. The amount and duration can be based on a formula which takes account of the income of the parties and the duration of the marriage.

 Do it right When Steven Spielberg and actress Amy Irving divorced after four years, she argued that their prenup which was written on the back of a napkin was not enforceable because she was not represented by an attorney.  The Judge agreed and she received a $100 million settlement.  When Spielberg married Kate Capshaw, both were represented
by attorneys.

 For a free consultation on Ohio Prenuptual agreements contact us at Patrice Denman Co. LPA .  440-639-1020