Kirner & Boldt Co., L.P.A.Kirner & Boldt Co., L.P.A.2026-07-16T02:39:05Zhttps://www.kirnerandboldt.com/feed/atom/WordPress/wp-content/uploads/sites/1204316/2022/06/cropped-site-identity-32x32.jpgOn Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[The hidden clauses in Cuyahoga County commercial leases that can break your business]]>https://www.kirnerandboldt.com/?p=499142026-07-16T02:39:05Z2026-07-16T02:39:05ZResidential tenants in Ohio have significant legal protections. Commercial tenants largely do not. When a Cuyahoga County business signs a lease without careful review, the fine print can become far more expensive than the rent itself.
Signing a commercial lease is a significant milestone for any growing business in Cuyahoga County. But unlike residential agreements, commercial leases operate under Ohio's principle of contractual freedom. Ohio's Landlord-Tenant Act applies only to residential tenancies, meaning commercial tenants do not benefit from its consumer protections. Courts treat both parties as sophisticated business entities and enforce the written terms strictly, even when those terms create serious financial burdens for the tenant. Two of the most common hidden risks are CAM fee structures and zoning compliance gaps.
The Common Area Maintenance (CAM) trap
Many Cuyahoga County commercial leases use a Triple Net (NNN) structure, where tenants pay base rent plus a proportional share of the building's operating costs. These typically include real estate taxes, building insurance, and maintenance for shared spaces like parking lots and lobbies.The risk lies in how "operating expenses" are defined. Without a negotiated CAM cap, annual costs can increase unpredictably. Landlords sometimes include capital expenditures such as roof replacements, HVAC system overhauls, or structural repairs in routine CAM calculations. A well-negotiated lease limits annual CAM increases to a fixed percentage and explicitly excludes major capital improvements from the calculation. Tenants who skip this negotiation step often absorb costs they never anticipated.
Ohio zoning and permitted use constraints
A lease may authorize a specific business use, but a landlord's written permission does not override municipal zoning regulations. Under Ohio Revised Code Chapter 713, municipalities retain broad authority to regulate land use within their boundaries. If the Cuyahoga County property zone does not permit your exact operations, or if local code requires structural upgrades such as fire barriers or grease traps before you can legally operate, you may be locked into a multi-year lease for a space you cannot use. Verifying zoning compliance and required permits before signing is essential, not optional. Our real estate legal team can review your commercial lease terms, identify hidden cost exposures, and help you negotiate protections before you commit to a long-term agreement in Northeast Ohio.
]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[What to do when your ex ignores the visitation schedule]]>https://www.kirnerandboldt.com/?p=499122026-05-21T15:12:50Z2026-05-21T15:12:50ZParenting time schedules (or “visitation schedules”) are constructed with the primary aim of providing children with stability and allowing both parents to maintain meaningful relationships with their children. Yet, neither the spirit nor the precise terms of such schedules are always followed.
When an ex-spouse repeatedly ignores a court-ordered parenting schedule, the situation can quickly become frustrating and emotionally exhausting. If your child’s other parent either refuses to allow your scheduled parenting time or repeatedly fails to show up for their own visitation periods, it is important to respond carefully and strategically.
Forming a thoughtful, informed response
One of the most important first steps is documenting every custody schedule concern. Keep detailed records of missed exchanges, late arrivals, denied visitation or cancelled parenting time. Save text messages, emails, screenshots and any other communication related to the violations. Maintain a written log with dates, times and descriptions of what occurred. Documentation can be consequential if court involvement later becomes necessary.Some parenting time violations involve one parent refusing to allow the other parent access to their shared child during scheduled visitation. For example, an ex may claim the child “doesn’t want to go,” refuse to answer the door during exchanges or repeatedly create excuses to withhold parenting time. In Ohio, violating a court-ordered parenting schedule without legal justification can result in serious consequences.Other situations involve a parent who repeatedly fails to exercise their own scheduled parenting time. A parent may frequently cancel visits at the last minute, fail to appear for exchanges or leave their child waiting for extended periods. While this scenario may not always involve direct interference, repeated absences can still negatively affect a child emotionally and disrupt routines.If you and your ex are struggling in either of these regards, whenever possible, communicate in writing when requesting compliance with the parenting order. Calm, professional written communication can help to create a clear record showing that you attempted to resolve the issue reasonably. Avoid hostile messages or arguments, even if emotions are running high. Courts generally respond more favorably to parents who remain focused on their child’s best interests than on their own emotional frustrations.If violations continue, filing a Motion for Contempt — sometimes called a motion to show cause — may become necessary. In Ohio, this motion asks the court to enforce the parenting order and require the violating parent to explain why they failed to comply. Courts may impose remedies such as makeup parenting time, fines, attorney’s fees or other penalties depending on the circumstances.Persistent parenting time violations can damage parent-child relationships and create instability for children. An experienced legal team can help parents respond to these challenges efficiently and as effectively as possible. ]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[How much change is needed to modify child support in Ohio?]]>https://www.kirnerandboldt.com/?p=498832026-04-08T11:57:17Z2026-03-17T14:36:22ZOhio uses a 10 percent difference to define a significant change
You can modify child support in Ohio when a new calculation shows at least a 10 percent increase or decrease from your current amount. This percentage sets the line for what counts as a meaningful difference. The court focuses on whether the updated number actually moves far enough from what you currently pay or receive.
The change must come from a real shift in your situation
That difference usually shows up when something in your life has clearly changed, not just slightly shifted. A drop in income, a new job that pays differently or changes in what you pay for health insurance can all affect how support gets calculated. When those numbers change significantly, they can push the new amount far enough from your current order to meet that 10 percent threshold.
The court recalculates support using updated information
The court determines whether the change meets the threshold by running your current financial details through Ohio’s child support guidelines. Once it produces a new amount, it compares that figure to your existing order to check if the difference reaches or exceeds 10 percent.
Has your situation changed enough to update support?
If your finances no longer look the way they did when your order was set, it may be worth taking a closer look at whether your current amount still reflects reality. A careful review of where things stand now can give you a clearer sense of whether an update makes sense. If you feel unsure about what to do next, a family law attorney can help you sort through your options and decide how to move forward.]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[The differences between physical and legal custody in Ohio]]>https://www.kirnerandboldt.com/?p=498542026-02-10T09:03:45Z2026-02-10T09:03:45ZWhat is physical custody?
Physical custody refers to where your children live. It also decides which parent is responsible for their daily care. This includes keeping a child’s routines, meals and general supervision. In some cases, the court may award physical custody in a 50/50 split, giving children equal amounts of time with either parent. However, Ohio courts commonly award primary physical custody to one parent.
Courts in Ohio usually decide which parent has primary physical custody based on the best interests of the child. Children often live with the parent who has primary physical custody, while the other parent has parenting time, allowing them to spend time with their children.
If an unmarried woman has children in Ohio, she becomes their legal custodian and sole residential parent until the court issues an order that changes that. However, the father can seek rights and obtain court orders for custody or parenting time.
What is legal custody?
While physical custody involves day-to-day supervision and routines, legal custody refers to your ability to make major decisions for your children. This typically includes:
Healthcare
Religion
Education
Ohio courts may award joint legal custody if they decide both parents should share decision-making. Joint legal custody also means both parents have the same rights when determining where the children go to school or what their religious upbringing should be.
Why does this distinction matter?
The differences between physical and legal custody separate the daily responsibilities of a parent from the major decisions parents must make regarding their children. Courts award custody on a case-by-case basis, which means parents can receive any combination of custody. For example, even if you have primary physical custody of your children, you might also have joint legal custody, giving the other parent the same decision-making rights as you.
This distinction also matters because the type of custody each parent has determines their legal rights and responsibilities. By being aware of how your custody affects your decision-making authority, parenting time and financial responsibilities, you can do your part in ensuring your child’s safety and stability.]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[How do divorce, dissolution and legal separation differ?]]>https://www.kirnerandboldt.com/?p=498502026-04-08T12:02:22Z2025-12-30T01:46:05ZLegal separation isn't divorce
Many people think that legal separation is the best option available at the end of a marriage. However, legal separation isn't actually a divorce.
People who legally separate are still technically married. However, they sever certain critical legal obligations to one another, which can protect them from financial responsibilities and child-rearing complications. Spouses have to separate their property and debts and agree on terms for living separately. Legal separation can be a viable option for those who want to work on their marriages or who belong to religions with rules against divorce.
Dissolution is helpful when spouses agree on important issues
Dissolution is effectively an uncontested divorce filing. Couples should have worked through any lingering issues before they submit paperwork to the family courts.
The dissolution process requires agreements approved by both spouses regarding the distribution of their marital assets and debts as well as any parenting responsibilities and financial support matters. The spouses must file jointly.
Divorce can help when conflict persists
Couples intending to end a marriage may find it impossible to agree on the details of property division, financial support and parenting responsibilities. A judge may need to help resolve disagreements and determine what is appropriate based on familial circumstances and state law.
Dissolution is the fastest option available if they can settle their disputes with one another, while legal separation can be an option for those who still have hope of repairing their marriages. Discussing marital challenges and divorce options with an Ohio family law professional can help people choose the option that best protects them.]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[Types of financial misconduct in Ohio divorces]]>https://www.kirnerandboldt.com/?p=498492025-10-29T16:16:40Z2025-10-29T16:16:40ZFinancial misconduct can change how a court divides money and property in your divorce. Ohio courts take it seriously when one spouse handles marital funds dishonestly or wastes them. These actions can directly affect how much property or support each spouse receives.
What Ohio law considers financial misconduct
Under Ohio Revised Code Section 3105.171, financial misconduct means a spouse misused, hid, destroyed or failed to disclose marital assets. When a court finds this behavior, it can give the wronged spouse a larger share of the marital property or order a separate payment called a distributive award.You don’t have to prove bad intent. You only need to show that your spouse knowingly did something wrong that hurt your shared finances.
Common types of financial misconduct
Spouses can commit financial misconduct in several ways during a divorce. The most common include:
Hiding assets: A spouse moves or transfers money, property or business interests to make their wealth look smaller. This may include secret accounts, fake records or undervalued property.
Wasting assets: One spouse spends marital money on personal or non-marital purposes such as gambling, giving expensive gifts or paying for an affair.
Manipulating income: A spouse may underreport income, delay bonuses or inflate expenses to reduce alimony or minimize what they must share.
Overpaying bills or taxes: A spouse may pay extra on taxes, utilities or credit cards before divorce to reduce visible cash.
Each of these actions distorts the true financial picture and creates unfair results. When proven, courts can adjust property division to make things fair again.
How misconduct affects property division
Financial misconduct can strongly impact how courts divide marital property. If the court finds that one spouse committed misconduct, it can:
Give the other spouse a larger share of assets
Order repayment for wasted or hidden money
Impose extra payments or financial penalties
The result depends on how much damage the misconduct caused and how well you can prove it. Detailed records and help from a forensic accountant can make a big difference.
Some of your next steps
Recognizing signs of financial misconduct is only the first step. Divorce cases involving complex finances often require experienced legal and financial review. A knowledgeable Ohio divorce attorney can help you identify potential misconduct, preserve evidence and present your case effectively in court.]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[Durable power of attorney: Small document, big protection]]>https://www.kirnerandboldt.com/?p=498462025-10-15T11:59:49Z2025-10-15T11:59:49ZTypes of DPOA
A DPOA can cover different areas of your life, depending on what authority you grant. The two most common types are:
Financial DPOA: This allows your chosen agent to manage financial matters, including paying bills, handling real estate transactions, managing investments or filing taxes.
Health Care DPOA: Also called a medical or health care proxy, this document lets you pick a person you trust to make medical decisions for you when you are incapacitated. Your agent's authority is paramount and will override the wishes of your immediate family by replacing the state's default legal hierarchy of decision-makers.
Together, these two forms of DPOA cover both your financial stability and your personal well-being, ensuring that your agent follows your instructions no matter what.
What is fiduciary duty?
Every DPOA agent has a fiduciary duty, meaning they must always act honestly and in your best interest. They need to follow everything stipulated in the DPOA and keep records as part of staying transparent.
What a DPOA cannot do
A DPOA is not the end-all, be-all of POAs. DPOA agents still cannot do certain functions like change your will, vote on your behalf or make decisions after your death. Upon death, the executor takes over and the agent loses authority. Remember that a DPOA automatically ends upon the death of the principal.
Secure peace of mind today
A DPOA is a powerful way to protect your future even when you cannot speak for yourself. Start the process by reaching out to an estate planning attorney who can help you draft a DPOA that protects your best interests.]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[How long does an uncontested divorce take in Ohio?]]>https://www.kirnerandboldt.com/?p=498422026-04-08T12:01:22Z2025-10-10T19:22:25ZOhio’s mandatory waiting period
Even when you both agree, an Ohio divorce requires a minimum waiting period. For a traditional divorce action, a final hearing cannot occur for at least 42 days after serving the defendant with the complaint.
For a divorce, the waiting period is linked to the time given for the non-filing spouse to file a formal response (Answer). For all cases, this period serves as a legally mandated 'cooling off' period to ensure all decisions are made knowingly and voluntarily.
This process, even when cooperative, typically means an uncontested divorce takes at least three to four months from filing to final decree.
Factors affecting the timeline
Many things can still impact how quickly your case finishes, even when you agree to cooperate, such as:
Finalizing your agreement: While you may agree on the concept of divorce, the details take time. You must write and sign a detailed separation agreement that covers all assets, debts and parenting matters.
Court congestion: Delays can occur due to your local county court’s schedule. Some domestic relations courts have a longer backlog than others for scheduling final hearings.
Case complexity: Cases involving minor children or complex assets, such as retirement accounts or real estate, necessitate additional paperwork and court review.
The faster you sign the final separation agreement, the sooner your lawyer can file the final paperwork with the court.
Dissolution of marriage
The quickest route to ending your marriage is a dissolution of marriage. This option is only available when you and your spouse finalize and sign the entire agreement before you file an initial petition. You file all the documents and the separation agreement together.
Ohio sets a strict window for your final court date. For a Petition for Dissolution of Marriage, state law mandates that both spouses must appear before the court not less than 30 nor more than 90 days after the filing.
This strict window does not apply if the action was converted from a pending divorce case and more than 30 days have already passed. This predictable, preset window makes dissolution a reliable and fast way to end your marriage in Ohio.
However, another option exists. The collaborative family law process allows the final hearing to occur even sooner than 30 days after filing, as it waives the statutory minimum waiting period.
Focus on your best future
When choosing between the divorce or dissolution path, much depends on your goals and whether you agree on the core issues of child custody, property division and support.
A skilled Ohio divorce attorney can help you choose the most efficient path and prepare the detailed agreement necessary to meet the statutory deadlines while protecting your financial well-being and children’s best interests.]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[What happens to debts if you divorce?]]>https://www.kirnerandboldt.com/?p=498042025-05-14T14:15:41Z2025-05-14T14:15:41ZPeople who are going through a divorce often think about assets when they’re discussing property division. While that’s an important part of the process, they also need to think about how they will divide debts. Marital debts don’t disappear when a couple gets divorced.
When a couple goes through a divorce, debts must still be paid. This is done either by assigning each debt to one of the parties or by liquidating assets to pay off the debts. These marital debts can include things like mortgages, vehicle loans, credit cards or other financial obligations.
Creditors don’t have a role in the divorce
One of the most common misconceptions is that a divorce decree can erase or transfer debt obligations with creditors. In reality, creditors aren’t bound by divorce agreements. If both spouses’ names are on a loan or credit card, the creditor can seek payment from either person, regardless of what the divorce settlement says.For example, if one spouse is assigned to pay a joint credit card debt but fails to do so, the credit card company can still go after the other spouse. In such cases, the spouse who paid the debt may have to return to court to enforce the divorce agreement and seek reimbursement.To avoid these complications, divorcing couples are often encouraged to pay off joint debts, refinance loans into one person’s name, or close joint accounts before the divorce is finalized. This helps prevent future disputes and protects both parties’ credit.These situations can become complex, particularly if there’s considerable assets or debts. Working with someone who’s familiar with property division standards and the circumstances may be beneficial for anyone going through a divorce.
]]>On Behalf of Kirner & Boldt Co., L.P.A.<![CDATA[How can blended families handle estate planning in Ohio?]]>https://www.kirnerandboldt.com/?p=498052025-05-01T20:12:16Z2025-05-01T20:12:16ZEstate planning for blended families in Ohio can be complex, but it’s important to ensure that everyone’s needs are addressed. If you’re part of a blended family, you might worry about how your assets will divide among your children, stepchildren, and spouse after your death. The good news is that with the right planning, you can reduce the chances of conflict and protect your loved ones.
Understanding the challenges for blended families
Blended families often include children from previous marriages or relationships. This creates a unique challenge when it comes to dividing assets. You may want to provide for your biological children, your spouse, and stepchildren, but determining the right distribution of your estate is tricky. Without a clear plan, conflicts often arise between family members over who gets what, especially if one spouse inherits everything and leaves stepchildren with nothing.
The importance of updating your will
One of the first steps in planning for your blended family is to create or update your will. A will ensures that your wishes are clearly communicated regarding the distribution of your estate. A will can specify how assets divide among your biological children, your spouse, and stepchildren. Be specific in your will so there’s no confusion. You may also want to address who will be the guardian of any minor children if both parents pass away.
Using trusts to protect your blended family
A living trust can be a useful tool in estate planning for blended families. A trust allows you to specify how and when assets will distribute. For example, you could create a trust that provides income to your spouse during their lifetime but ensures that the remaining assets go to your children or stepchildren after they pass. Trusts help avoid probate, which benefits blended families because they provide a private way to distribute assets without public court involvement.
Beneficiary designations and asset protection
Another important part of estate planning is ensuring your beneficiary designations stay up to date. Life insurance policies, retirement accounts, and other financial assets typically allow you to name beneficiaries directly. If you’re part of a blended family, it’s important to review these designations regularly. Make sure they reflect your wishes. For example, if you want your children to benefit from your life insurance policy and not your spouse, you need to specify that in the policy itself.When you execute proper estate planning for blended families, you create peace of mind and ensure that everyone is treated fairly. ]]>