In January 2017, I posted a blog article discussed December 23, 2016, in the case of State v. Pittman, 2014-Ohio-5001, in which the Ohio Supreme Court held that a person could not be criminally prosecuted for failing to make the payments set forth in an arrearage-only order issued after the date of his children’s emancipation.  The reason behind the decision was that the Nonsupport of Dependents statute, RC 2919.21(B), stated: “No person shall abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person is legally obligated to support.”  In determining the intent behind the statute, the Court focused on the word “is” to show the meaning, stating “RC 2919.21(B) is ambiguous.  It criminalizes a person’s failure to support – in the matter established by a court order – another person whom he is legally obligated to support.  Because the statute uses the present tense in the phrase ‘is legally obligated to support,’ a person charged with a violation must be under a current obligation to provide support.”

Thus, based on Pittman, a person who had a minor child and failed to pay a minimum $50 per month child support order and was $1,000 in arrears could be criminal prosecuted, while a person who had an adult child and no current child support order, but was $100,000 in arrears could not be prosecuted.

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With the 4^th of July quickly approaching, in addition to attending community firework displays, many people enjoy purchasing and shooting off their own fireworks.  The laws governing fireworks in Ohio are among the most restrictive in the country.  Because fireworks are readily available for purchase and use in nearby states, many Ohio residents assume Ohio has similar laws and are not well informed on the issue.

The purpose of this article is to provide a few highlights of the Ohio laws governing consumer fireworks.  For further information, please consult Ohio Revised Code (ORC) Chapter 3743, the Ohio Fire Code (OFC) 1301:7-7-56, and the Ohio Department of Commerce, Division of State Fire Marshall.

Consumer fireworks are referred in Ohio law as “1.4G Fireworks”.  These are fireworks that may be found in a licensed fireworks showroom and sold to the public at various retail locations across Ohio.  If you choose to purchase 1.4G fireworks, you have 48 hours to take the fireworks out of Ohio.  Purchasers must sign a form stating the destination to which the fireworks will be taken.  The only items that can be used in Ohio are designated “trick and novelty” which smoke, pop, and/or sparkle.  In Ohio, use of 1.4G fireworks (firecrackers, bottle rockets, etc.) is illegal.

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I am finding that the hottest topic right now among those who work with bankruptcies is the overwhelming amount of student debt that burdens so many people for years and even decades after they’ve left school.  Currently, there are few ways that people can try to deal with their student loans when they can’t afford to make their payments, such as teaching or practicing medicine in underserved areas for a certain number of years[1], or income-driven plan arrangements through the U.S. Department of Education.  Discharging student loan debt in bankruptcy is not an option unless the debtor’s financial situation is virtually hopeless.

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An interesting situation came up recently in an online discussion between bankruptcy attorneys.  A client had received a workers’ compensation award of several thousand dollars within the past few months.  He used it to buy his girlfriend a car, and then filed a chapter 7 bankruptcy to wipe out his creditors.

If the money had remained in his bank account, he could have claimed it as exempt, meaning it would have been protected from claims by the bankruptcy trustee on behalf of his creditors.  Workers’ compensation benefits are sheltered from being seized by creditors under both Ohio and federal exemption laws.

However, the workers’ compensation award is not in the bank anymore.  He had to identify it, however, on his Statement of Financial Affairs where he was asked 1) what monies he’s received over the past 3 years other than from his employment,  2) what payments he’s made that benefited an “insider”, 3) what gifts of over $600 he has made to any person within the two years before he filed, and/or 4) what transfers of property he’s made.  If he fails to disclose that information, his bankruptcy filing will be fraudulent. Therefore, the Trustee is going to see the award he received, and will inquire as to what it was used for.  A gift to his girlfriend to purchase a car is not exempt from the reach of the Trustee.  Moreover, the attorneys believe, probably rightly, that the car was put into the girlfriend’s name purposefully to protect it from the man’s creditors. [Read more…]