Moser Law LLCFairfield Family Law Attorney | Estate Planning2026-09-25T18:06:10Zhttps://www.moserlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402261/2021/08/cropped-favicon-32x32.pngOn 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.]]>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.]]>