Toledo Law Blog

How much of your income can you lose to wage garnishment?

On behalf of Mahaffey & Associates, LLC on Saturday, July 13, 2019.

Once your finances start to spiral out of control, it can prove difficult to get things back to a manageable state. If your debts have continued to compound over time, you may find creditors hounding you, and in some cases, this can lead to you losing some percentage of your wages.

According to NerdWallet, a wage garnishment occurs when your employer receives a court order to withhold a portion of your paycheck so that it can go toward debts you owe. As you can imagine, losing any part of your paycheck can prove troubling, and if you are already struggling to make ends meet, it can make it even harder to pay your rent or mortgage, feed your family and so on.

Reasons for modifying a child support order

On behalf of Mahaffey & Associates, LLC posted in Family Law on Friday, July 5, 2019.

A family situation that involves a child support order does not have to be a difficult one. Even if you have trouble getting along with the other parent, you need to make the effort to avoid fighting and other communication issues when around the children. Many people often wonder if they can change the amount of their child support order. Yes, you can, under certain circumstances.

If you have lost your job, been demoted or had your hours reduced at work; you can file to have the child support order modified. This is one of the most common reasons for modification of an order. Why? The person paying the order will have trouble sticking with the amount they were ordered to pay if they have lost their job or their hours were cut at work.

Discussing your estate plan with your adult children

On behalf of Mahaffey & Associates, LLC posted in Estate Planning on Friday, June 21, 2019.

The estate plan is one of the most important legal moves you will make in your lifetime. It protects all of your assets, money, property and your family in the time of your death. It outlines how your heirs are to receive your money upon your death and much more. If you have an estate plan in place, be sure to discuss it with your adult children before it's too late.

Not everyone will want to tell their adult children the amount of money they will inherit upon their death. But, this is an important discussion for many reasons. The first of those is if a child will be inheriting a family business. They should know this ahead of time, especially if they do not plan on keeping the business in the family or need to learn the ins and outs of the business.

When parents go to jail

On behalf of Mahaffey & Associates, LLC on Saturday, June 8, 2019.

When a parent is sentenced to a term in jail or prison, whether it's a long or short stay, their child also has to pay the price for their crime. For some children, their parents have been incarcerated since they were young infants, and they have never known a life with their parent playing an active role in their lives. For others, they watched their parents be accused and convicted of a crime, then said their goodbyes as they went to begin their prison sentence. These children often feel confused and scared as they begin their new lives without parental guidance and love. While some fortunate children are able to live with supportive relatives, far too many others find themselves bouncing between foster homes or homeless on the streets.

Children with incarcerated parents: Facts and figures to consider

Recognizing the signs that divorce could be in your future

On behalf of Mahaffey & Associates, LLC posted in Family Law on Friday, June 7, 2019.

Divorce is not an easy subject for many people to discuss with their spouse. Despite this, there are times in life where you need to force yourself to discuss this topic so you can figure out where your marriage stands. Marriage is not easy. There's a lot that goes into making your marriage successful. Today, we will help you recognize the signs that divorce could be in your future.

Finding yourself always on the defensive in your marriage is a big sign that divorce could be around the corner. Doing so is an effort to defend yourself from what you believe will be an attack from your spouse. Acting like a victim more often than not goes along with this sign of divorce.

Tips for avoiding boating accidents this summer

On behalf of Mahaffey & Associates, LLC posted in accidents and injuries on Friday, May 24, 2019.

The summer is right around the corner in Ohio, which means more and more boaters will be out on the lakes and rivers of the state. The more boaters on the water, the higher the chances are that you could be involved in a boating accident that leads to serious injuries or even death. Here are some tips for avoiding a boating accident this summer in Ohio.

The most sensible way to avoid a boating accident this summer is to monitor the weather forecast prior to setting sail. There's no reason to go out on the water when high winds, rain, lightning or choppy seas are in the forecast. If a small craft advisory is issued, stay off the water at all costs.

How to explain a shared custody arrangement to your kids

On behalf of Mahaffey & Associates, LLC posted in Family Law on Friday, May 10, 2019.

Now that the divorce is finalized, it's time to focus on your children. Where will they live? Who will have custody of them? How will the holidays be handled? These are all important questions that must be answered as soon as possible by you and the other parent. One solution is to come to an agreement on shared custody, especially if the two of you are civil enough to make it work.

Schedule time to inform your children all about how custody is going to be handled. This should be a family meeting that involves all of the children and both of the parents. Make sure there is enough time set aside so that you do not rush through this conversation.

You're never too old to establish an estate plan

On behalf of Mahaffey & Associates, LLC posted in Estate Planning on Friday, April 26, 2019.

Contrary to popular belief, you are never too old to establish an estate plan. It doesn't matter if you are 18 or 81, 25 or 95, 30 or 100; age does not matter one bit when creating an estate plan. In fact, if you have the opportunity to create your first estate plan at the age of 90, do so. Protecting yourself, your assets and your loved ones is important no matter your age.

One thing to keep in mind is your ability to make decisions. This ability might diminish as you get older because of various medical conditions. In order to create an estate plan, you need to be of sound mind, which means you must be coherent enough to make decisions on your own. This is why most estate plans are created at younger ages.

Your job offer would necessitate child custody modification

On behalf of Mahaffey & Associates, LLC on Wednesday, April 17, 2019.

The good news is that you have been offered a promotion with more responsibility and a higher salary.

The not-so-good news is that the job means moving from Toledo to Cincinnati, requiring modification to your existing child custody agreement. What will the court say?

Don't forget some important post-divorce tasks

On behalf of Mahaffey & Associates, LLC posted in Family Law on Friday, April 12, 2019.

Divorce can be overwhelming, from the day of filing through the day an Ohio judge approves the dissolution. And once that final decree is issued, you might just want to take some time to yourself and begin the emotional process of moving on.

There still are some very important details to take care of, however.

Name change. If you are a woman who has told the court she wants to return to her maiden name, you will need a certified copy of the divorce judgment. That will be required to change your driver's license, Social Security records, credit cards and any official documents.
Retitling of property. If you were awarded the house, cars or other property that has a deed or title, you will need to have that document changed. For your house, that could require a "quit claim" deed, and your mortgage could have to be refinanced. Cars, boats and motorcycles can be retitled at the Ohio Bureau of Motor Vehicles. Don't forget to remove your ex from your vehicle insurance policies.
Medical insurance. If your spouse is on your medical insurance, be sure to take them off the policy by notifying your carrier. If your spouse carried you on their insurance, then you must secure your own through your employer or your state or the federal marketplace. A divorce is a qualifying event that will allow you to enroll outside of open enrollment.
Open individual bank accounts if you haven't done so already. Make sure all joint accounts are closed, including credit cards. You don't want your ex to pile up debts in your name.
Change your beneficiaries and update your estate plan. If you don't do so, your ex-spouse could gain the proceeds of your retirement accounts, life insurance and other accounts, and also could be the person who holds your power of attorney and medical directive. Also, be sure to appoint a new executor if that was your spouse.
Change your passwords, and don't reuse those your ex-spouse might now. Come up with something creative for your email, social media and such. Have fun with it and reflect your current mood. How about "freshstart2019"?