Author: Jeffrey

Getting social security disability (SSDI) can be difficult. Working with an illness can be difficult. You might wonder if getting social security disability (SSDI) is possible. https://www.ssa.gov/disability/ If your are interested in getting social security disability (SSDI), you must meet certain criteria. A disability benefits applicant must be mentally or physically disabled with a condition that has lasted or is expected to last 12 months or more. Getting social security disability requires medical proof. Your disability must be considered medically determinable. That is a disability that doctors can describe. The medical disability is proved by the medical records. The medical records include physician notes, test results, and doctors’ statements. If you want to apply for disability, you can apply online, visit a social security office, or hire a lawyer. Apply Online You can apply online for social security disability. You will need the names and addresses of your medical treatment providers. Also, you will need the names and addresses of places worked. You will need a list of your medications. Social Security Administration Office You can go to your local social security office. Their staff is used to completing applications for disability. They will assist you with the application. An Attorney Going to an attorney to receive information about illness and social security disability is be your best bet. You will not be forced to stand in long lines for extended periods of time. You can make an appointment. An SSDI lawyer understands the rules and conditions for obtaining social security disability. The attorney can help you face to face, using terms that are easy to understand. A lawyer will work with your best interest in mind. If you are in the Columbus area and are seeking to hire a SSDI lawyer, the team at Jeffrey Buskirk & Associates would be more than happy to help.

Divorce is never easy. The uncoupling of two people who promised to spend the rest of their lives together can be  ugly.  This is especially true in cases where children are involved.  When it comes time to defer responsibilities and costs, child support is usually the number one issue that’s discussed during the proceedings. This is because this can be an on-going expense that can last for years, depending on the age of the child and the amount arranged in the settlement. Although child support is usually awarded to the custodial parent to help with child-rearing costs, rarely is the price of education discussed. In most states, child support lasts until the child is 18 and becomes legally an adult, but what about college and future education costs? Who is responsible for that? Unfortunately, most states do not stipulate any sharing of education costs, some even going so far as to mention specifically that college expenses are not covered by child support. So what does this mean for the primary parent? Typically, it means that the financial burden rests on their shoulders. It’s important to note as well that education costs usually mean the price of tuition for a private school or university, and generally don’t cover things like school supplies and clothes. The reason for this is that the residential parent is assumed to cover these expenses, using child support funds as needed to help cover them. Most states, in fact, will not specify school supplies within a settlement. In Ohio, however, should you and your spouse decide, you can arrange for a separate clause within the child support agreement that discloses education expenses. Typically this is for private school, and doesn’t necessary cover a university, but you can work with your lawyer and judge to determine if those costs can’t be mitigated by the support parent. The amount is determined by a variety of factors, most notably the earnings of the support parent and the custodial parent. As college tuition gets higher and higher, planning ahead for these expenses can alleviate your burden in the long run. If you have any questions regarding your legal rights in a divorce, including child support payments and education costs, contact us today, and we can help you through this difficult process. Serving Grove City and Columbus, Ohio, we can provide the services you need to make this transition as smooth as possible.

A prenuptial agreement, or prenup, is a touchy subject, almost taboo even. Signed before the wedding occurs, it is a legal contract designed to protect a person’s assets should their marriage break down. Bound by law, it is not possible to get out of a prenuptial agreement unless unlawful activity concerning the contract is proved. However, what happens if your spouse breaks a prenup? This article will examine the possible outcomes of that decision and explore the rights of both parties in this case. How a Prenup can be Broken 1. Coercion A prenuptial agreement (also known as a premarital agreement) is hard to break. However, there are some conditions under which a prenup can lawfully be broken. If under any circumstances, you coerced your spouse into signing the prenup, the court can get the contract thrown out. 2. Hasty Agreement If you have presented a prenuptial agreement to your spouse minutes before your wedding, it is under the discretion of the law to invalidate the prenup, as your spouse was not given enough time to think it over and make a careful decision. 3. Fraud If there was an attempt to commit fraud by failing to disclose all of your assets and debts in the premarital agreement, the court is at liberty to nullify the contract. As required by law, there must be two witnesses at the moment the prenuptial agreement is signed. In any event that there are no witnesses, the contract can be invalidated. How to Avoid Invalidation of Your Agreement Be sure you follow the law completely when presenting a prenup to your soon-to-be spouse. Give him or her adequate time to look the agreement over, and do not pressure them to sign. Avoid fraud by disclosing all your assets, including your debts in the prenup and have at least two witnesses at the time of signing. To lawfully protect your assets, it is best to have an attorney present at signing for both parties. Your attorney will guide you through and help you understand the terms of the agreement. He or she will help you make the best, most lawful decision when the time comes to sign. Should your spouse choose not to follow the prenuptial agreement, you should hire a lawyer to take your spouse to civil court. If the prenup they signed under lawful standing, your spouse is required by law to uphold it if your marriage breaks down. If you are seeking an attorney of family law in Grove City, contact  Jeff Buskirk & Associates to learn how they can serve you.

Continue reading Lower the Cost of a Divorce

Your Supplemental Security Benefits (SSI) https://www.ssa.gov/disabilityssi/ssi.html  You have worked hard to get supplemental security income.  The amount of the benefit is rather small.  You want the largest possible amount.  To  get the largest  possible amount,  you must know  how benefits are decided. The calculations decide the amount of the  benefit. First, your income will lower benefits.  The definition of income is not  the definition of income found in the dictionary. The Social Security Administration has its own definition. We need to use the word “income” as it is used by  the Social Security Administration.   Earned income is the money you bring home from your labor. This includes wages, net earnings from self-employment, certain royalties, honoraries,  and sheltered workshop payments. Unearned income is the income you bring home that is not a direct result of your labor. Unearned income includes any kind of benefits from the state or from Social Security, interest income, or gifts of cash from friends and relatives. Secondly, in -kind- income will reduce benefits.  In-kind- income is the value of any food and shelter that you receive for less than fair market value. In-Kind-income may be something you receive for free. Thirdly, you may have deemed income.  Deemed income will reduce your benefits. Deemed income  may be the most important type of income behind earned income. This is the part of the income earned by a person who lives with you and is a relative.   This amount directly affects your own benefit amount.  It getss added to your total countable income. Finally, your living arrangement may affect your benefits Your living arrangement have a direct effect on the total amount of your Supplemental Security benefits. You may receive free food and shelter.  Free food and free shelter counts toward  your benefits.  The Social Security Administration needs to know who is living with you.  The Social Security Administration needs to know your financial arrangement with the person you are living.  The financial arrangement impacts your benefits. The Social Security Administration calculates your total income.  They only count part of the income to determine your monthly benefit. Therefore, your total income is divided into countable income and uncountable income. The higher your countable income, then the smaller amount of benefits you will  receive.The Social Security Administration looks at both income and unearned income.

Prenuptial agreements often get a reputation for unfairness. Unfortunately, those couples that fail to make terms of their divorce and asset separation clear within a prenuptial agreement may regret the decision later. When properly prepared, written, and presented, a prenuptial agreement can actually make a marriage less stressful, allowing it to be much stronger in the long run. And in the event that the marriage ends in divorce, it will protect both parties involved.

If you have family property, assets, or other valuables that would be devastating to lose, you need to sign a prenuptial agreement. By writing up an agreement that these items will remain in your custody, you can ensure that you will be able to file for divorce without fear of unfair retaliation from your spouse. For those that come from rich families, this can be particularly useful in saving yourself from the ill will of a spouse.

Many people will say that prenuptial agreements protect spouses that are unethical during a marriage, but the simple fact is that a court will ultimately decide if a prenuptial agreement remains valid. Certain aspects of why the divorce is occurring will factor into this decision, so you stay protected in extreme situations.

If you feel a prenuptial agreement is right for your marriage, it is important to be educated on what makes a prenup legally binding. In the case that you fail to follow these guidelines, the validity of your agreement, and the protection of your assets, may not be legally valid.

* No coercion may be used, and all signatures must be given voluntarily.

* All assets and liabilities must be fully disclosed.

* The agreement must be in writing.

* Both parties must execute the writing, alongside a witness.

* The agreement should be executed in a recordable format.

* No part of the agreement can be unconscionable.

Are you ready to begin drafting a prenuptial agreement to make your marriage stronger and protect yourself from a potentially predatory future spouse? If you are looking for a family law lawyer in Grove City, please contact the Jeff Buskirk & Associates team now to set up a free consultation. We are dedicated to helping you draft a prenuptial agreement that is fair, legally binding, and in the best interest of all involved. The marriage of your dreams awaits, so call or email us now!

Are you about to enter a divorce? More than anything else, you should be focusing on finding an attorney that will represent your needs in the way that makes you feel most comfortable. To help those about to enter a divorce trial, here are five qualities you should consider about any attorney before hiring them:

1. Availability

Every firm has a different load of clients they will be dealing with. Depending on the intensity of your needs during your divorce proceedings, you may want to consider how often you will be able to consult with/seek advice from your chosen divorce attorney. If you have tons of complicated paperwork, and asset records to look through, for example, you may want an attorney with the ability to focus more on your case.

2. Experience

Looking at past cases and how long an attorney has been in business is always recommended. Additionally, seeking past clients to get honest testimonials from them can be useful. Be sure to avoid hiring attorneys that simply do not have the amount of expertise that you feel comfortable with. 3. Expertise Every divorce attorney has certain specialty areas that they excel in, and they will often make you aware of them. Divorce is a complicated task to undergo, so depending on your needs; you may want to seek a divorce attorney with a certain expertise. For cases that are dealing with difficult to navigate child custody issues, for example, you will want to find a divorce attorney with plenty of experience navigating the world of child custody laws.

4. Cost

Finding a divorce attorney you can afford is important, as post-divorce you are likely to experience at least mild financial struggles at first. Attorney costs are always presented upfront, so make sure you know what budget you can afford before going in for a consultation. Ultimately, it should be very easy to ensure you hire an attorney that won’t leave you financially insecure.

5. Personality

You will be spending a lot of time consulting this attorney with personal issues, so finding an attorney that you feel comfortable with is ideal. The more you can relax around your attorney, the more successfully you can communicate with them.

At Jeff Buskirk & Associates, we pride ourselves at excelling in all of these areas and more! IF you want qualified, friendly, affordable, and experienced divorce attorney services, we have you covered. Please contact us and we will set up a free consultation to help walk you through your options before your divorce trial!

The five people you will encounter during divorce include your spouse, your your attorney, your spouse’s attorney, guardian ad litem, and divorce court judge.   A divorce can be a confusing process because of the number of people that you meet and encounter.  They all play a roll in the process. It is important to anticipate what these people may be like and how you will be expected to deal with them, in order to avoid any complications down the road. 1. Your spouse The first of five people you will encounter during divorce is your spouse.  Direct communication with your spouse may be too emotionally difficult. If such is the case, you can  speak through your attorneys. However, this is an extremely time-consuming and difficult process.  If you simply talk to your spouse directly, have a plan for how you will deal with him or her. Do not verbally attack your spouse.  Remember to stay cordial and professional.  Keeping in mind that you have mutual interests such as finances and children. 2. Your attorney The second of five people you will encounter during divorce is your attorney. Your attorney is the person that will help you through legal, financial, and personal matters during your divorce. An attorney’s job is to work with you through every step of the divorce process in Ohio, from helping you decide when to file, finalizing child custody agreements and child support payments. If necessary, your attorney will argue your case in court before a judge. 3. Your spouse’s attorney The third of five people you will encounter during divorce is your spouse’s attorney.  Although interactions with your spouse’s attorney will mostly be through your  attorney, you should still expect to meet your spouse’s attorney.   Do not reveal any personal information that may damage your case unless instructed by your attorney. 4. Your guardian ad litem (court appointed attorneys) If you have children, the fourth of five people you will encounter during divorce is a guardian ad litem.  If a guardian ad litem is assigned by a judge to your case, they will make recommendations as to what is in the  best interest of the children. 5. Your divorce court judge The fifth of five people you will encounter during divorce is the judge.  You will interact with the judge indirectly through your attorney.   Personalities of judges vary from judge to judge.  The judge in your  case may be understanding, apathetic; lenient in the courtroom,  a stickler for the rules; or possess any number of different qualities that may help or harm your case.  Remember that the judge is a neutral third party. The judge  will make a decision based on the evidence presented by both sides.   Do not get angry with your judge.  Refrain from interacting directly with the judge unless instructed.

Family law in Ohio changing as society changes.  In the 1950s, the concept of a “nuclear” family was fairly recognizable in American society. A mother, father, and two children, ideally a son and a daughter, was perceived as the “ideal” family structure. This was because it was believed that the small family unit, with an equal number of genders, would yield the best results as far as how well the children would adapt and thrive in modern society. Although this idea was popularized during the “Atomic Age” of the 50’s, the term “nuclear”  actually refers to the idea of a family revolving around a nucleus or a mother and father. Unfortunately, most people do not conform to “nuclear” family standards. Multiple parents, extended families and step parents are much more prevalent than the traditional family structure. Is this a good thing? Experts agree that the higher the diversity of the family, the better it is for the children, as they learn much more social skills than they would with such a tight-knit group. So where does a law office fit into all of this? These days, there is a high frequency of blended families, which consist of parents raising children that are not their biological offspring, but rather products of a previous relationship. As a result, sometimes there can be legal hurdles to overcome to ensure that the family unit remains as intact as possible. Divorce, child custody, emancipation, child support; these are all circumstances that are handled by a lawyer specializing in Family law. Should you require such services, it’s important to know what the law is for your particular state. In Ohio, when it comes to divorce proceedings, the state allows for a no-fault filing. This means that either spouse does not have to provide adequate evidence for a divorce, instead citing “incompatibility”. If there are children involved in the divorce, the state may require reconciliation therapy for both the parents and the children, and will not finalize the decision until a report has been filed regarding the outcome of such treatment. While it would be ideal for every family to live and thrive on its own without having to engage in legal issues, it is, unfortunately, a prevalent reality in the modern age. Should you be confronted with such a decision, let our law offices in Columbus guide you through this process to make it as smooth and trouble-free as possible. If you have any questions or concerns, we’ll be happy to assist you with any legal advice or services.

The passing of a family member or loved one is an extremely difficult situation to go through, and takes its toll on everyone close to that person. However, after some time has passed, it becomes necessary to handle the affairs of the deceased, specifically those outlined in his or her Last Will and Testament, a legal document that describes the deceased’s wishes regarding the division of his or her property. In the will, the deceased person will have named a Personal Representative, or an executor, who is in charge of distributing the estate among the beneficiaries, usually the family of the deceased. If you are named as a Personal Representative, or even as a beneficiary, it can be difficult to know what to do or how to proceed. That’s where a probate attorney comes in – to make your life, and the lives of those affected, easier. Here are five reasons to hire a probate attorney: 1. Help the Personal Representative. If you are named as the executor of an estate, it can be overwhelming to know what to do or where to begin. A probate attorney is specifically trained, and has all of the necessary experience, to guide you through the process. 2. Help the beneficiaries. If you are on the receiving end of the deceased’s property, hiring a probate attorney can ease your mind and make sure that the will of your family member or loved one is executed per his or her wishes. You can rest easy knowing that a probate attorney is taking good care of your affairs. 3. Fit the law to the state. Each state has different laws regarding the execution of a will; for example, in Ohio, there are different procedures for estates termed “small estates” (those worth less than $35,000) and “large estates”. Your Grove City probate attorney can help you through the laws for the state of Ohio specifically. 4. Determine what to do without a will. If there is no will, the probate court still has to decide what to do with the deceased’s property, in which case a probate attorney is invaluable. He or she can guide the family of the deceased through the court process, which involves filing paperwork and paying fees with the Ohio Probate Court. 5. Take it to court. If there is a disagreement about what to do with the estate of the deceased, a probate attorney can take the case to court and help work through the issue and represent the family of the deceased. If you live in Ohio, call your local Grove City probate attorney Buskirk & Associates.