Moser Law LLCFairfield Family Law Attorney | Estate Planning2026-07-18T21:46:34Zhttps://www.moserlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402261/2021/08/cropped-favicon-32x32.pngOn 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.]]>On Behalf of Moser Law LLC<![CDATA[Why gray divorce requires an estate plan update]]>https://www.moserlaw.com/?p=475592026-06-30T09:31:22Z2026-06-30T09:31:22ZDivorcing later in life is more than just the end of a chapter; it marks the beginning of a whole new story. After decades of marriage, it almost feels like you’re starting over.
As you enter this new stage of your life, you bring experience, wisdom and lifelong friends and family connections. And while some things will remain the same, others need to be changed, such as your estate plan.
Your existing estate plan may no longer reflect your wishes
Many people create an estate plan while they are married and their children are young. It’s then put in a safe place and never revisited. However, after a divorce, your wishes may change significantly. You may want to assign important roles to your children, siblings or trusted friends that your spouse previously held. Reviewing your estate plan ensures that your documents reflect your current wishes rather than the decisions you made years earlier.While Ohio law automaticallyrevokes certain provisions for former spouses after a divorce, relying on those automatic rules is not a substitute for actually reviewing and updating your documents. A revised will provides clarity and helps reduce the potential for confusion or disputes among family members.Another area to review is your beneficiary designations. Unlike a will, a divorce doesn’t automatically remove your ex-spouse as a beneficiary to some of your financial accounts. Furthermore, regardless of what your estate planning documents say, those assets will pass directly to the named beneficiary. This includes:
Retirement accounts
Life insurance policies
Transfer-on-death investment accounts
Payable-on-death bank accounts
It’s essential to review these documents to ensure they are passed on to the intended recipients.Another area that needs review is your powers of attorney. Most spouses name each other as financial and healthcare agents. However, after a divorce, you may no longer want your former spouse making decisions on your behalf. Therefore, you will want to review your:
Financial power of attorney
Healthcare power of attorney
Advanced healthcare directives
Gray divorces represent a new beginning; your estate plan should reflect that. Working with someone experienced in estate planning can help ensure your documents accurately reflect your wishes, comply with the law and preserve your legacy as you move into the next stage of your life.
]]>On Behalf of Moser Law LLC<![CDATA[When is an Ohio custody modification an option?]]>https://www.moserlaw.com/?p=475572026-06-15T14:43:52Z2026-06-15T14:43:52ZAfter a significant change in circumstances
Life changes after parents separate or divorce. Adults start new relationships or jobs. Families relocate. Children move from grade school to middle school and high school.
Significant changes in schedules, family members or even the Dynamics within the family may make a custody modification necessary. Either parent can ask the courts to review and adjust an existing custody order when they have proof of a change in circumstances that alters what is in the best interests of the children.
After reaching an agreement
Parents who need to update their custody orders have the option of working with one another. Uncontested custody modifications are often simpler than litigated modifications. Parents can negotiate new terms with one another and then ask the courts to review the terms and verify that they are in the children's best interests.
Working with an attorney can make the custody modification process much easier for parents to manage. Experienced legal support is important in both contested and uncontested modification scenarios, as mistakes with paperwork or the wrong presentation of a case to a judge can impact a parent’s likelihood of success.]]>On Behalf of Moser Law LLC<![CDATA[Decanting a trust may be necessary after a divorce]]>https://www.moserlaw.com/?p=475552026-05-30T14:11:28Z2026-05-30T14:11:28ZWhat decanting a trust entails
Decanting an irrevocable trust is a legal process through which people adjust a trust that is otherwise not subject to modification. Frequently, the decanting process involves transferring assets from an outdated trust into a new trust with more favorable legal language.
The process required to decant a trust depends in part on the authority of the trustee and the language of the trust itself. A court order requiring the division of trust resources or the creation of two separate trusts could play a role in decanting a trust funded during a marriage. Spouses may need to each select a trustee and establish new terms for the trusts they retain after decanting the shared trust.
Spouses facing complex estate planning challenges after a divorce may benefit from discussing their evolving legal needs with a professional, generally. Also, reviewing trust paperwork and the property division decree with an estate planning attorney can help people identify the steps necessary to decant an irrevocable trust. Decanting a trust may be necessary to effectively divide property or separate legal authority after a divorce.]]>On Behalf of Moser Law LLC<![CDATA[Why more couples are divorcing later in life]]>https://www.moserlaw.com/?p=475532026-05-22T14:44:36Z2026-05-22T14:44:36ZDivorce later in life is becoming more common than many people realize. Couples who have spent decades together are increasingly choosing to separate after years of shared routines, responsibilities and milestones.
For some, the shift comes quietly over time. For others, it can follow a major life change that makes the future feel very different from the past.
What is gray divorce, and why does it happen?
Divorce among older adults, often referred to as “gray divorce” or “silver divorce,” is a rapidly growing demographic trend involving couples over the age of 50 ending long-term marriages. Many of these separations occur after 20 years or more together and are often the result of long-standing issues that have built up gradually over time.One of the biggest factors behind “gray divorce” is the empty nest stage. Once children grow up and leave home, many couples find themselves facing each other without the shared focus of parenting. For some, this transition highlights emotional distance that was easier to overlook during their busier years. Without daily family responsibilities, differences in communication or lifestyle can become more noticeable.Retirement is another major turning point. When one or both partners stop working, the structure that once shaped daily life changes significantly. More time together can either strengthen a relationship or reveal long-standing tensions. Financial stress also often plays a role, especially when couples have different expectations about spending, savings or retirement goals. Disagreements that were once postponed due to busy schedules may become harder to ignore.Evolving personal priorities are also contributing to this trend. People are living longer, healthier lives, and many begin to reassess what they want in their later years. Some individuals prioritize independence, personal fulfillment or emotional well-being in ways that may not align with their partner’s vision. When individuals begin to seek personal growth in different ways, couples may find it difficult to connect in the same way they once did.For couples navigating this stage of life, the decision to separate is rarely easy. It often involves deep reflection, financial considerations and concern for family relationships. Having guidance from a knowledgeable legal professional can help individuals better understand their options and make informed decisions about the future with clarity and care.]]>On Behalf of Moser Law LLC<![CDATA[Tips for making a post-divorce budget]]>https://www.moserlaw.com/?p=475512026-05-08T20:14:22Z2026-05-08T20:14:22ZIf you are going through a divorce, it is important to consider what your budget will look like after the divorce is finalized. This can help create a smoother transition into the next stage of your life, and it may also help you understand what you need when it comes to spousal support, child support or marital property division.
So how can you budget appropriately as your life changes? Here are a few tips to keep in mind.
Remember that your standard of living may change
First of all, budget around the reality that your income may decrease after the divorce. It can be difficult for both spouses to maintain the same standard of living they had during the marriage. Some estimates suggest that both spouses would need a 30% increase in income to maintain the same lifestyle, so it is important to prepare for having less overall household income.
Focus on the necessities
When creating your budget, start with the expenses that you absolutely must cover, such as:
Housing
Utilities
Taxes
Groceries
Car payments
Insurance
Once you determine which financial obligations are unavoidable, you can begin looking for ways to reduce spending in other areas.
Look beyond one-time expenses
Divorce often comes with a number of one-time expenses. You may need to pay court costs during the divorce itself, for example. If you want to keep your house and refinance the mortgage, you may also face closing costs.It is important to account for these temporary expenses, but your budget should primarily focus on the recurring monthly expenses you will face moving forward.
Planning in advance
Everyone’s budget will look a little different, but the key is to plan ahead and prepare yourself financially. Doing so can help create stability for both you and your children after the divorce.As you address the financial side of divorce, it can be helpful to work with an experienced family law attorney.
]]>On Behalf of Moser Law LLC<![CDATA[Ensuring that gray divorce doesn’t derail retirement plans]]>https://www.moserlaw.com/?p=475492026-04-22T19:48:09Z2026-04-22T19:48:09ZThey control costs
One of the most effective ways to minimize the impact of an upcoming grade divorce is to limit litigation expenses. Spouses who settle outside of court often pay far less for their divorce proceedings than couples who rely on judges to settle their disputes about property division and financial support.
They adjust their financial practices
Individuals preparing for gray divorce often need to review their circumstances with a financial advisor to modify their budgets and their investment strategies. They may need to work a few years longer than they planned or seek part-time jobs.
Reworking plans for retirement can be helpful as well. Decreasing travel plans and looking for ways to minimize living expenses, such as taking on roommates or living with family members, can help reduce the likelihood of a gray divorce derailing retirement plans.
As a closing note, spouses may need to be conscientious about how they address retirement savings and pensions, as well as government retirement benefits, to cover their medical costs and supplement their savings. Working with an attorney who is familiar with the nuances of gray divorce can be beneficial for those facing a divorce after years of marriage accordingly.]]>On Behalf of Moser Law LLC<![CDATA[Setting a valuation date can simplify a high-asset divorce]]>https://www.moserlaw.com/?p=475472026-04-06T10:46:26Z2026-04-06T10:46:26ZWhat is a valuation date?
Calculating the fair market value of marital resources can be challenging. Determining what assets are worth on the resale market usually requires insight into market conditions, such as the performance of the overall economy and the sale of similar assets at roughly the same time.
When divorcing spouses set a valuation date, they can then use the same baseline economic details during the asset valuation process. They are less likely to have significant disparities in the valuations they reach than they might be in scenarios where are they select substantially different valuation dates. Couples often agree to use the date of their initial separation or of one spouse’s filing as the valuation date.
Complex property division disputes are sometimes preventable with the right agreements early in the divorce process. Spouses who set a valuation date can limit the likelihood of major disparities in estimated asset valuation. Working with an attorney who is familiar with these unique, challenging divorces can also make it easier for spouses to push for a fair outcome accordingly.]]>On Behalf of Moser Law LLC<![CDATA[Custody orders are made to be amended]]>https://www.moserlaw.com/?p=475452026-03-23T12:51:15Z2026-03-23T12:51:15ZWhen you divorced your ex, the kids were still in their early school years. Now, they are all teens or tweens, and you’ve noticed that the old custody order is no longer working for your changing family.
What is a parent to do? The good news is that it is perfectly fine to return to court to reshape your custody arrangements to better fit all involved.
What parents need to know
It’s always prudent to commit your plans to writing and get the approval of the court to alter the custody plan. While some parents may make informal changes that seem to work, until they no longer do, the custody plan is the parents’ blueprint of the rights and responsibilities of shared custody.While you may think that your co-parent would never invoke the wrath of the court to change up the custody arrangements to benefit their agenda, these scenarios happen all too frequently.
You might not even need to go to court
In an uncontested motion to modify the custody plan, the family law court judge doesn’t usually require the former spouses to appear in court. It can be handled administratively, with both co-parents receiving copies of the new order once it has been signed and recorded in the civil clerk of court’s office.This is the best and most efficient way to modify your custody order. In cases where the co-parents don’t agree on the modifications to be made, you and your attorney may need to plead your case in front of the judge.]]>