Tips to help Avoid Tricks that Steal your Data:

As online and phone hackers get more creative and persistent, it is important to be aware of the common scams and ways to protect yourself and your personal information from falling into the wrong hands.

Phishing Email Scams:
A large majority of security breaches and scams begin with malicious emails, links and attachments from sources that look legitimate at first glance. Many times, these emails look like they come from your bank or financial institution, legitimate companies, or social media sites, etc. You may then be prompted to put your login credentials into the site where you are directed. Be careful about following links or opening email attachments unless you are certain it comes from the real source. Look closely at the sender’s email address, watch out for typos, and do not provide your personal information to any unverified website.

Phone Scams:
One of the most common phone scams is one we have all probably received – you answer your phone and hear the words, “I am calling regarding your vehicle’s extended warranty”. These are not from your actual car dealership or manufacturer and are likely hoping to get personal and sensitive information from you. Another common scam, especially as the holiday season approaches, is a call regarding your Amazon account. In this case, you will receive a call with someone stating your Amazon account has suspicious activity, and they will proceed to ask questions about your login information, account numbers, and more. A good rule of thumb is to never give out your passwords, bank information, social security number, or any other sensitive information on the phone. If someone is asking for this information on a phone call you did not initiate, it is likely a scam.

Tips to Keep Your Information Safe:

  1. Change Old Passwords – chances are that you previously used (or still do use) your own name, pet’s name, birthdates, or other easily detectable words as your passwords. It is time to ditch those and reset passwords to something more confidential.
  2. Don’t answer calls from unknown numbers, especially at odd hours.
  3. Use multifactor authentication – requiring a secondary verification to get into your account helps prevent hackers, so even if they have your password, they won’t be able to access your account.
  4. Keep a close eye on your bank accounts – if your information has been exposed, it is better to catch it sooner than later and close any accounts that were compromised

If you believe that you are a victim of identity theft, call Lardiere McNair DiNicola & Stonebrook, Ltd. LPA, to set up a consultation at 614-534-1355.

UM/UIM Insurance - The Importance of Insuring Yourself Against Others Lack of Insurance              

Ohio state law only requires that owners of vehicles and drivers of vehicles have a state minimum liability automobile insurance policy of $25,000.00. ( https://www.bmv.ohio.gov/dl-mandatory-insurance.aspx). In play, this means that in the event that you are hit by a driver of a vehicle that only has a $25,000.00 liability policy, you will likely only be able to recover $25,000.00 at the very most for your injuries despite how severely injured you were by the accident caused by that person’s negligence. (This is making the assumption that the wrongdoer is not personally recoverable. State law makes it difficult to recover against an individual’s assets because a person’s assets are exempt to a certain amount. See ORC Section 2329.66) Taking it a step further, if you died in an accident caused by another with only state minimum liability insurance, your family would only be able to recover $25,000.00.

Why is $25,000.00 liability policy not enough? After being in an automobile accident, a quick trip in an ambulance to the emergency room to assess your injuries, a primary care provider follow-up appointment, and physical therapy or chiropractic treatment for a few months after the accident to fully heal your injuries is likely to fully deplete $25,000.00. This amount would surely not adequately compensate you for your pain and suffering and lost wages, nor cover medical bills that you would incur if your injuries were severe or life-threatening.

However, Uninsured/underinsured (“UM/UIM”) insurance allows individuals to insure against other driver’s decision to only purchase state minimum liability coverage, or worse, choose to drive with no insurance at all. Uninsured/underinsured motorist coverage covers you and anyone in your car for personal injuries, including medical bills and pain and suffering, if you are in an automobile accident that is caused by someone who does not have insurance, or does not have enough insurance to cover the amount of your personal injury claim. Thus, if a negligent driver hits your vehicle and severely injures you and your family, even if he/she only has a state minimum policy, a $1,000,000.00 UM/UIM policy invested in by you would cover you and your family’s personal injury claims.

We cannot control individuals around us and the insurance they choose, but we can control and protect our families by investing in the protection of UM/UIM insurance. Be at ease with you and your family in your vehicle by having UM/UIM insurance of a much greater amount than $25,000.00 to make sure you all are covered, no matter what the other person’s coverage is.

The attorneys at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. suggest checking your UM/UIM insurance coverage with your insurance agent. Our attorneys are also available to advise you of your options when it comes to UM/UIM insurance or to help you navigate a personal injury claim where the at-fault driver may have been uninsured or underinsured. Call us at (614)-534-1355 to discuss your options

LMDS Committed to a Safe Work Environment

Lardiere McNair DiNicola & Stonebrook, Ltd., LPA is proud to announce that our law firm has a 100% COVID-19 vaccination rate. The health and safety of our clients, co-workers, and families is of the utmost importance to us and we want all who come into our office to feel safe. We are happy to do our part in slowing the spread of COVID-19 and to help protect our clients, our staff, and our community.

Trust the team at LMDS to protect you, your family, and your business. Give us a call today at (614) 534-1355 for any of your legal needs.

Beware of Stalking Apps

Stalking apps are apps or software that someone can download onto an individual’s phone to secretly track or monitor them. Once they are installed, the apps can share detailed information such as: call history, text messages, photos, GPS locations, and browser history without the user's knowledge.

Although stalking apps can be a valuable tool (to monitor the activities of children), stalking apps can also be used maliciously, in most cases to enable domestic abuse.

According to the Federal Trade Commission, if an abuser has installed a stalking app, your phone will probably look the same, but there may be signs that suggest a stalking app could have been installed:

Users who suspect an illegitimate stalking app on their device should consider the following steps:

If you believe to be a stalking victim, contact Lardiere McNair DiNicola & Stonebrook, Ltd., so we can address your concerns and advise you on all available options.

For more information go to: https://www.ftc.gov/; https://www.thehotline.org/

Family Law Myths and Misconceptions

 

  1. Legally, it matters if your spouse cheated.
Based on the Ohio Revised Code section 3105.01, a court may grant a divorce for any of 11 grounds. Most parties typically agree they are incompatible, which allows the court to grant the divorce. However, if the parties do not agree they are incompatible and they have not lived separate and apart for a year, the party seeking divorce will need to prove another ground for divorce exists – one of which is adultery.
Even if this is the case, because Ohio is a no-fault state, the finding of adultery for the purposes of divorce will probably not impact the division of property or child custody (absent clear financial misconduct or the background of the person the cheating spouse ends up with). Therefore, it is not cost effective or timely to try to prove your spouse cheated during the marriage since it will not change the division of assets or custody. The court will still divide the marital assets as it would if the parties agreed on incompatibility.
  1. Children choose which parent they want to have custody
The court may consider the child’s wishes in determining parenting time and custody of a child, if the court deems the child to be mature enough to express his or her wishes, but it is only one factor of many, and the court ultimately determines custody and parenting time based on the best interests of the child using the totality of the circumstances.

In many cases, when the parents cannot agree on shared parenting, a Guardian ad Litem is appointed to the case as a neutral third party to protect the child’s best interest. The court takes the Guardian’s findings into account in making an order for parenting time, but the court is the ultimate decision-maker.

  1. Women are never ordered to pay spousal or child support
Spousal support is determined by the relative earning abilities of the parties, duration of the marriage, ages and mental, physical, and emotional conditions of the parties, and several other factors including factors the court finds relevant and equitable. Gender is not a factor in spousal support.

Child support orders are based on calculations that include the incomes of both parents, custody arrangement, health insurance, and parenting time. The court does not consider which party is Mother vs. Father to make an order.

  1. Everything will be divided equally
Assets and debts of parties will not always be divided 50/50 when a marriage is terminated. In Ohio, the courts divide the marital assets and liabilities equitably instead, which means fairly. The court determines the “marital property”, in other words, things that are eligible to be divided. The court decides the “marital portion” of the asset, which includes any value or interest in property or other asset that was acquired during the marriage. Then, the division is based on the length of the marriage, tax consequences of retaining the property, liquidity of the property to be distributed, and other factors the court finds relevant and fair.
  1. You must get divorced in the state where you got married 

A common pleas court shall hear a divorce case, if the party bringing the action has been a resident of the state of Ohio for at least 6 months and resided in the county in which they filed for at least 90 days. The court shall hear and determine the case whether the marriage took place, or the cause of divorce occurred, within or without the state.

Contact our experienced family law team here at Lardiere McNair DiNicola & Stonebrook, Ltd., so we can assist you through these complicated moments and advise you on all available options.

Online Harassment  

There are many forms of online harassment.  Intentional distribution of non-consensual, sexually explicit images or videos, or "revenge porn," is a type of online harassment that occurs when an ex-partner or even a hacker posts such images or videos of a person online without their permission.

Not too long ago, there was not much a victim could do, especially if the images were consensual. However, in 2019, the Ohio Legislature made it a crime to distribute sexually-oriented pictures. Victims of “Revenge Porn” were also given the right to sue and recover damages, including legal fees and punitive damages, from the offender.

If you are the target of Online Harassment, the Federal Trade Commission recommends following the following steps:

Follow the steps in the Cyber Civil Rights Initiative’s Online Removal Guide (See below). To get take image taken down, you will need to report it to Facebook, Twitter, Instagram, Snapchat, Reddit, Tumblr, Google, Yahoo, Bing, or any other platform it’s on.

Find out if there is a law about online harassment where you live. Ohio Law can be found at R.C. 2917.211 and R.C. 2307.66

Consider speaking with an attorney. An attorney will help you understand privacy laws and obtain the relief you seek.

Know what you are getting if you hire a takedown service. Find out what they promise to do to take your image down, and whether you can do that yourself for free.
Call the Cyber Civil Rights Initiative’s crisis hotline: 844-878-CCRI (2274).

If someone has violated your privacy, contact Lardiere McNair DiNicola & Stonebrook, Ltd., so we can address your concerns and advise you on all available options.

For more information go to: https://www.cybercivilrights.org/online-removal/

My Spouse Could Earn More

Did you know that the Court could impute you to a certain income when determining child support and/or spousal support?  Watch this quick video to learn more.

Welcome Santina!!

Santina Graceffa is our newest associate attorney. She graduated from Capital University Law School and passed the bar in 2020. At Capital, Santina was the Vice President of the American Constitution Society, active in Women’s Law Association, and a Staff Member of Capital’s Law Review. Santina grew up in Rockford, IL. Santina studied Forensic Psychology at Tiffin University where she was a member of the Women’s Soccer team. In her free time, Santina enjoys spending time with her dog, Caesar, traveling, and working out.

Santina Graceffa is an associate attorney at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice. This information is not intended to provide, and receipt of it does not constitute, legal advice. Nor does the receipt of this material create an attorney/client relationship. An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

Expanded Child Tax Credit

Beginning July 15, the IRS will begin making monthly payments to families eligible for the expanded child tax credit that was passed as part of the COVID-19 relief bill, the American Rescue Plan.  The bill enacted a temporary expansion of the child tax credit in the following ways:

•   Expands eligibility to include qualifying children who turn seventeen in 2021.

•   Increases the tax credit to $3,600 per qualifying child who is age five and under at the end of 2021 and to $3,000 per qualifying child who is age six through seventeen at the end of 2021.

•   Makes the tax credit fully refundable for most taxpayers

•   Allows many taxpayers to receive half of the estimated 2021 credit in advance through monthly payments beginning on July 15, 2021

To qualify, parents must have filed a 2019 or 2020 tax return and claimed the child tax credit or given the IRS their information using the Non-Filer Sign-Up Tool; have a main home in the U.S. for more than half the year; and have a qualifying child who is under age 18 at the end of 2021 who has a valid Social Security number.

The maximum tax credit is available to:

•   Married couples who file jointly and report $150,000 or less in adjusted gross income (AGI);

•   Single filers who report $75,000 or less in AGI; and to

•   Heads of households who report $112,500 or less in AGI.

The expanded portion of the tax credit phases out for couples filing jointly who report more than $400,000 in AGI and for single filers and heads of households who report more than $200,000 in AGI.

For parents who qualify, advance payments representing one half of the 2021 estimated child tax credit will be sent to families beginning July 15th and will continue through December.  The remaining tax credit will be received when families file their 2021 tax return.  Receiving part of the refund in advance payments will result in a lower refund or an increase in the amount due when families file their 2021 tax return as compared to their 2020 tax return.  This is because families are receiving part of the refund early.

These advance payments may present complications to families who are undergoing a divorce or who are already divorced in determining who should receive the tax credit.  Lardiere McNair DiNicola & Stonebrook, Ltd. can help clients resolve any issues and formulate an acceptable agreement between the parties.

Families have options for resolving the potential conflict.  The advance payments will be sent to the parent who claimed a child as a dependent for 2020.  Therefore, parents who share custody and alternate yearly who claims the child tax credit may wish to opt out of the advance payments to ensure the full 2021 payment is received by the appropriate parent.

Parents may opt out of the advance payments by visiting the IRS’ Child Tax Credit Update Portal where they can verify their eligibility, unenroll in the advance payments, and elect to receive the entire lump sum payment when they file their 2021 return.

The IRS has also set up a portal for parents with children who are eligible for the tax credit, but do not normally file a federal income tax return.  Non-filers can sign up for the advance monthly payments by visiting the Non-Filer Sign-Up Tool.  Parents can determine if they qualify for the advance payments at the Child Tax Credit Eligibility Assistant.

The skilled domestic lawyers at our firm are ready to help and answer any questions you may have about The Expanded Child Tax Credit and The American Rescue Plan.  You have to act fast if you want to ‘opt out’. If you would like to set up a consultation, please call 614-534-1355.

Caroline Lahrmann is a Law Clerk at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA.  To read more about our firm, please visit lawyerscolumbusohio.com.
The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

Vaccine-Related Scams

Covid-19 vaccines are FREE. There is no out-of-pocket cost to get the shots. Because scammers will find ways to cheat people out of their money and personal information, the Federal Trade Commission recently published some tips to avoid vaccine-related scams:

  • Ignore online ads, social media posts, or phone calls from people offering to sell you the COVID-19 vaccine. You can’t buy it — anywhere. The vaccine is only available at federal- and state-approved locations.
  • Don’t pay to sign up for the vaccine. Anyone who asks for a payment to put you on a list, make an appointment for you, or reserve a spot in line is a scammer.
  • Don’t pay out of pocket for a vaccine — not before, during, or after your appointment. That’s either a scam or a mistake.
  • Never share your personal, financial, or health information with people you don’t know. No one from a vaccine distribution site, health care provider’s office, pharmacy, or health care payer, such as a private insurance company or Medicare, will call, text, or email you asking for your credit card or bank account number to sign you up to get the vaccine.
  • Contact a trusted source for information. Check with state or local health departments to learn when and how to get the COVID-19 vaccine. You can also talk with your health care provider or pharmacist.
  • Do not post your vaccination card to your social media account. Your vaccination card has information on it including your full name, date of birth, where you got your vaccine, and the dates you got it. When you post it to Facebook, Instagram, or to some other social media platform, you may be handing valuable information over to someone who could use it for identity theft.

If you suspect that you’ve been scammed, the U.S. Office of Inspector General advises you to contact them and report it at: https://oig.hhs.gov/fraud/report-fraud/.You can also report COVID-19-related fraud to the FTC at ReportFraud.ftc.gov.

If you believe that you are a victim of identity theft, call Lardiere McNair DiNicola & Stonebrook, Ltd., to set up a consultation.

Aline Wright is a Law Clerk at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA.  To read more about our firm, please visit lawyerscolumbusohio.com.
The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

Quick 90-second clip to hear how you can establish your parental rights

Listen to this quick 90-second clip to hear how you can establish your parental rights if you are an unmarried father in Ohio
https://youtu.be/o5S_6Wr4JB4
 
Sunni DiNicola is a Partner at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA.  To read more about our firm, please visit lawyerscolumbusohio.com 
The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

My Spouse Could Earn More

Did you know that the Court could impute you to a certain income when determining child support and/or spousal support?  Watch this quick video to learn more.

https://youtu.be/a_Pkbc5dTIg

Sunni DiNicola is a Partner at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA.  To read more about our firm, please visit lawyerscolumbusohio.com.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

Online Harassment

There are many forms of online harassment.  Intentional distribution of non-consensual, sexually explicit images or videos, or "revenge porn," is a type of online harassment that occurs when an ex-partner or even a hacker posts such images or videos of a person online without their permission.
 
Not too long ago, there was not much a victim could do, especially if the images were consensual. However, in 2019, the Ohio Legislature made it a crime to distribute sexually-oriented pictures. Victims of “Revenge Porn” were also given the right to sue and recover damages, including legal fees and punitive damages, from the offender. 
 
If you are the target of Online Harassment, the Federal Trade Commission recommends following the following steps:
 
Follow the steps in the Cyber Civil Rights Initiative’s Online Removal Guide (See below). To get take image taken down, you will need to report it to Facebook, Twitter, Instagram, Snapchat, Reddit, Tumblr, Google, Yahoo, Bing, or any other platform it’s on.

Find out if there is a law about online harassment where you live. Ohio Law can be found at R.C. 2917.211 and R.C. 2307.66

Consider speaking with an attorney. An attorney will help you understand privacy laws and obtain the relief you seek. 

Know what you are getting if you hire a takedown service. Find out what they promise to do to take your image down, and whether you can do that yourself for free.
Call the Cyber Civil Rights Initiative’s crisis hotline: 844-878-CCRI (2274).
 
If someone has violated your privacy, contact Lardiere McNair DiNicola & Stonebrook, Ltd., so we can address your concerns and advise you on all available options.
 
For more information go to: https://www.cybercivilrights.org/online-removal/

Aline Wright is a Law Clerk at Lardiere McNair DiNicola & Stonebrook, Ltd, LPA.  To read more about our firm, please visit lawyerscolumbusohio.com.
The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.