Moser Law LLCFairfield Family Law Attorney | Estate Planning2026-11-06T19:27:06Zhttps://www.moserlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402261/2021/08/cropped-favicon-32x32.pngOn Behalf of Moser Law LLC<![CDATA[Divorce also means dividing your debts]]>https://www.moserlaw.com/?p=475882026-11-06T19:27:06Z2026-11-06T19:27:06ZMany couples share numerous joint assets that they have purchased together, like homes or cars. They also have financial assets, such as their wages, which may have been deposited in a shared bank account or invested in a shared portfolio. They have to split up these assets if they decide to get divorced.
At the same time, though, it is important for them to remember that they need to divide their debts. Many of these debts are also shared obligations. A couple may have opened a joint credit card account, for instance. They are both responsible for the charges on that account, regardless of which card was used or who made a specific purchase.They have to determine how to divide the credit card account as they get divorced. They will likely either need to split up the debt or pay off that debt, close the account and open their own individual credit card accounts.
Splitting up student loans
For young couples, one common type of debt they have to address is their student loans. How these are handled depends on when the loans were taken out and who signed the paperwork. Generally speaking, people are still responsible for loans that they took out in their own name, prior to the marriage. But if they took out the loans after they were already married, and/or if their spouse was a cosigner, then both people may be responsible. These would have to be addressed as shared financial obligations, just like joint credit card accounts.If you are getting divorced, dividing debts and assets can be complicated, and it may be helpful to work with an experienced attorney.]]>On Behalf of Moser Law LLC<![CDATA[Tips for starting over after divorce]]>https://www.moserlaw.com/?p=475862026-10-23T17:08:00Z2026-10-23T17:08:00ZGetting divorced often means starting over. It is a fundamental change in your life. For some people, it can be a change to their entire identity.This does not necessarily have to be a negative thing. Change can always be positive. But it can also be difficult. The following tips can help during this process.
Consider your personal priorities
First of all, from an identity perspective, it helps to carefully consider your personal priorities. People who are married often get caught up in thinking about what their partner wants or who they are as a couple. You may need to take time to redefine who you are as an individual.
Make a post-divorce budget
Financially speaking, it can help to make a post-divorce budget. Focus on your must-haves and costs that you cannot avoid, and consider what your budget will look like, especially if you previously had two incomes during the marriage and will now only have one.
Set up new routines
Starting new routines can help to give you a fresh start. Even simple day-to-day activities, like when you eat meals or spend time with friends, could benefit from a change. Again, you can consider your own priorities and what you want your daily schedule to look like.
Consider how you will interact with your ex
Finally, if you have children together, you may still need to interact with your ex regarding both legal and physical child custody issues. Consider what that relationship will look like and what the best tactics will be to communicate moving forward.As you go through the divorce process, considering what your new normal is going to look like, it can often help to work with an experienced family law attorney.]]>On Behalf of Moser Law LLC<![CDATA[Hiding or dissipating marital assets]]>https://www.moserlaw.com/?p=475832026-10-09T15:55:05Z2026-10-09T15:55:05ZAs you move toward a divorce, it is important to keep a close eye on your financial records. For one thing, you and your spouse will need to make financial disclosures to the court. It can help to gather information, such as tax returns or bank statements.
But you also want to look for any red flags that may mean your spouse is not handling these financial assets appropriately. In some high-conflict divorces, people will take steps to deprive their soon-to-be ex of the assets they deserve. Two examples are dissipating marital assets and hiding them.
Spending down shared assets
Dissipating marital assets means spending them in a way that is outside of the norm. During a divorce, months may go by, and so normal spending is expected. But if there are significant changes and a person's spouse begins spending excessively, they could just be trying to waste marital funds. Their goal is to spend the money on themselves before the funds go through property division, so that their ex gets less.
Hiding the assets
Additionally, some people will try to hide assets before making disclosures to the court. For instance, you may notice that your spouse gave away a large amount of money, perhaps giving it to a family member. They may have an excuse for this behavior, such as saying they were paying back an old loan. But in reality, they are just having the family member hold the money until the divorce case is over, when they will give it back.This gives you an idea of some of the things to look for in the lead-up to a divorce. Make sure that you fully understand all of your rights and options during property division.]]>On Behalf of Moser Law LLC<![CDATA[How long do you have to respond to divorce papers in Ohio?]]>https://www.moserlaw.com/?p=475782026-09-25T18:06:10Z2026-09-25T18:06:10ZIf your spouse serves you with divorce papers in Ohio, they do have to wait for you to respond before they can move forward with the case. If you never respond, they can often seek a default divorce, meaning that the court issues a default judgment without your involvement. But your spouse cannot move to this option immediately. They do have to give you time to consider the paperwork, talk to your lawyer and file your answer.
Generally speaking, you will have 28 days to do this. One important thing to note is that the 28 days begin on the day on which you are served the papers. Your spouse may have initially filed the complaint and started the process earlier than that, but the timer does not start for you until you have been handed the paperwork and made aware of their intent to divorce.
What should you do at this time?
Some people do respond to the divorce papers right away. For instance, a couple may have been talking about divorce for months or even years before one person takes that initial step. Since both people know that the divorce is coming and want to end the marriage, they may respond in just a few days.But in other cases, people take the time to really consider their options and prepare for the divorce case. Financial disclosures are necessary, for instance, so this is a good time to gather financial documentation, like tax returns and bank statements. For parents, it is a time for them to consider their legal and physical child custody rights and determine how they would like to split up custody once their marriage ends.Once you do respond to the divorce papers, however, the court can begin setting up hearings and the rest of your case can move forward. At this time, it is very important to understand exactly what legal options you have.]]>On Behalf of Moser Law LLC<![CDATA[3 times child support continues after a child turns 18]]>https://www.moserlaw.com/?p=475742026-09-17T03:18:25Z2026-09-17T03:18:25ZThe cost of raising a child is higher than most people anticipate. From school activities to birthday presents, there are constant financial demands made of parents. Court-ordered child support helps divorced parents and unmarried parents who stop living together share financial responsibility for their children.
The parent with more income or less parenting time typically provides child support to the other parent. Most people expect child support to end immediately when the recipient turns 18. However, there are a few exceptions in state law that may allow for child support to continue past a child's 18th birthday.What might lead to continued child support obligations?
1. When a child is still in high school
Due to how schools classify students during enrollment, some young adults turn 18 during their final year in high school. Others may have academic challenges that mean they don't finish school until a year or two after they technically become adults. In either scenario, child support may continue so long as the child maintains full-time enrollment in a high school.
2. When a child has special needs
Physical and mental disabilities, as well as developmental disorders, can prevent a child from becoming independent. When a young adult has serious medical challenges that make them fully dependent on parental caregivers even after their 18th birthday, the courts may agree to continue child support to reflect that degree of dependence.
3. When parents agree on specific terms
In some cases, parents might voluntarily agree to continue support past a child's 18th birthday. For example, parents might agree to share financial obligations when their teenager enrolls in college.Understanding how long child support may last is important both for those paying and receiving child support. Ensuring financial fairness is an important element of successfully sharing custody after a divorce.]]>On Behalf of Moser Law LLC<![CDATA[Divorce rates go up when the kids go back to school]]>https://www.moserlaw.com/?p=475722026-08-30T03:16:16Z2026-08-30T03:16:16ZWhen many people look at divorce rates, they will look at annual rates. They will simply consider the number of divorce cases from that year and see how this has changed over the years or the decades.
But there is another way to look at these divorce rates, which is to consider how they go up and down during the year. Some who look at these statistics note that divorce is seasonal. It often tends to spike in the late summer months, when the children go back to school. There is also typically a spike in January, as the new year begins.
Why does the end of summer lead to divorce?
Exactly why this happens depends on the individual case. In some instances, couples have found the summer months taxing. They may have had more time apart during the school year, but the summer brings on family vacations and obligations to watch the kids while they are at home. This leads to conflict between the parents, sparking a divorce.But in many cases, late summer or early fall just feels like the opportune time to file for divorce. The children are back at school, so parents have more time to themselves to discuss the specifics. The onset of divorce proceedings does not feel as chaotic, and the children have more stability in their schedule as they attend school every day.Additionally, the late fall and winter bring on holidays like Halloween, Thanksgiving, Christmas and then New Year’s. Many couples who are already thinking about divorce do not want to file during the holiday season. So they decide that they are either going to start the process in the late summer, before the holidays, or they are going to wait until January, when the holiday season has concluded.
Navigating a divorce case
Do you believe that you and your spouse are getting closer to filing for a divorce? If so, it is important to understand your rights when dividing marital property, addressing child custody issues and much more.]]>On Behalf of Moser Law LLC<![CDATA[Divorce and cryptocurrency, stock options and digital assets]]>https://www.moserlaw.com/?p=475692026-08-17T19:11:49Z2026-08-17T19:11:49Zdigital assets is also critical.
Classifying digital and investment assets
Courts begin by determining whether the asset is marital or separate and whether marital funds were used to purchase or maintain the asset. They may look at:
How the asset was acquired
When the asset was acquired
Whether marital funds contributed to the asset
Whether the asset increased in value during the marriage
Ohio courts use this process to decide which assets are subject to division.
Valuing cryptocurrency and digital holdings
Digital assets require precise valuation because their worth can change quickly. Volatility makes documentation essential, especially when values shift between filing and finalization. Courts rely on these factors to determine fair market value:
How the asset is stored
How the asset is accessed
How the asset fluctuates in value
How the asset can be verified
Accurate valuation helps ensure each spouse receives their fair share.
Handling stock options and restricted compensation
Stock options and restricted stock units often vest over time, which affects how they are divided. Courts examine vesting schedules, grant dates and employment conditions to determine if the asset is marital. Some options may be divided through deferred distribution if they vest after the divorce.
State courts rely on these factors to divide complex compensation in a way that reflects each spouse’s marital interest. However, they do not always grasp the full picture. With skilled legal guidance, you can better work towards a settlement that meets your needs.]]>On Behalf of Moser Law LLC<![CDATA[Should you update your estate plan after divorcing?]]>https://www.moserlaw.com/?p=475672026-08-02T21:35:54Z2026-08-02T21:35:54Zmake changes to your estate plan after a divorce. Seeking experienced legal guidance is a great way to get started.
What changes should you make to your estate plan?
Your spouse may have been named in your estate plan as a primary beneficiary. They could ultimately inherit any separate assets, investments or businesses you own if they are not formally removed from your estate planning documents. Or, you may need to update your estate plan so that your spouse does not benefit from retirement accounts or financial accounts, such as 401(k)s or life insurance policies. You may want to consider naming other family members, such as siblings or children, as beneficiaries of your estate.
Your estate plan may also include a power of attorney. A power of attorney is a legal representative who acts on your behalf if you become incapacitated. Many people name their spouse as their power of attorney. If your spouse is your power of attorney, they could have access to your medical information or financial accounts or could determine your health care. You may need to consider naming someone else to act as your power of attorney after a divorce.
Making changes to an estate plan after a divorce does not have to be difficult. You can reach out for professional legal guidance to learn more about estate planning modifications quite easily.]]>On Behalf of Moser Law LLC<![CDATA[Will my promotion at work affect my child support agreement?]]>https://www.moserlaw.com/?p=475632026-07-18T21:46:34Z2026-07-18T21:46:34ZWhen will a promotion increase child support?
A promotion may become relevant when it includes a higher salary or another form of regular compensation. The court may examine several parts of the new compensation package, including:
Base salary: A permanent salary increase may carry more weight than a small or temporary raise.
Employment benefits: Certain benefits may be considered when they reduce a parent’s ordinary living expenses.
Future earning expectations: A court may review whether the increased income is stable and likely to continue.
The promotion is only one part of the calculation. Parenting time, childcare costs and health insurance expenses may also influence the final amount.
What should I do after receiving a promotion?
After you get a promotion, review the existing child support order before taking action. It may contain reporting requirements that apply when employment or income changes. Also, continue paying the ordered amount unless a court issues a modification.
If the promotion could materially change the calculation, gather updated compensation records and consider requesting a review promptly. Courts have limits on how far a modification can apply retroactively. Delaying the request could affect the amount owed or received.
In such situations, it is wise to receive guidance to clarify whether a promotion is significant enough to justify modification. A legal practitioner can assist with filing the proper documents and presenting accurate financial information to the court.]]>On Behalf of Moser Law LLC<![CDATA[Can you lose separate property through commingling? ]]>https://www.moserlaw.com/?p=475612026-07-17T18:45:17Z2026-07-17T18:45:17ZThe law in Ohio
Courts in Ohio don’t automatically convert commingled assets into marital property. If you can trace the separate portion of an asset back to its original source, it may still retain its separate character despite having been mixed with marital assets. This requires solid documentation that establishes a clear paper trail showing where an asset originated and how it was used throughout the marriage.
Without clear records that establish the source and history of a commingled asset, some or all of the asset may ultimately be treated as marital property and subject to division during divorce proceedings.
Protecting what’s rightfully yours
If you have already commingled assets during your marriage, that does not necessarily mean you have lost your claim to separate property. Many people mix funds for practical reasons without realizing the legal implications. What matters is whether there is enough evidence available to trace the asset and establish its separate origin.
Seeking early professional legal guidance if divorce is in your future can help you evaluate your options, preserve important evidence and build a stronger case for protecting assets that you brought into the marriage.]]>