When does a court consider a child support deviation? Normally, child support follows a specific formula as set forth in Ohio Revised Code 3119.021 (R.C. 3119.021
). However, a court may deviate from the usual amount of child support if the court determines guideline child support would be unjust, or inappropriate, or not in the best interests of the child.
Ohio Revised Code 3119.23 (R.C. 3119.23
) sets forth a number of reasons for a court to deviate from the guideline child support amount:
I often get asked what parental rights parents have when they are married, unmarried or have a child support order in place. These are the common questions and the answers to those questions.
What is a putative father?
A putative father is a man who may be a child’s biological father but who is not married to the child’s mother at the time the child is born or who has not established paternity of the child in a court or administrative hearing.
Does a putative father have parental rights?
What is separate property in divorce? It is property that the spouse gets to keep without it being subject to an equitable division by the divorce court.
First, we should look at what is marital property under Ohio law. The Ohio law defining marital property is found in Ohio Revised Code 3105.171 (R.C. 3105.171
). Marital property is:
- All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
- All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
- Active income, which is all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
- Anything that is not separate property.
When does spousal support end? Even when spousal support is determined as lifetime spousal support, it is not necessarily forever.
There are four ways in which an order for spousal support may terminate:
- Spousal support may terminate on a specified date;
- Spousal support may terminate upon the occurrence of a specified event;
- The domestic relations court may terminate spousal support pursuant to its continuing jurisdiction if a change of circumstances has occurred that supports termination of spousal support;
- Spousal support may terminate as a matter of law upon remarriage of the recipient spouse or the death of either party.
What does the IRS consider to be spousal support? A divorce decree labels payments as spousal support, maintenance, or alimony. Does that mean that the payments are considered to be alimony by the IRS? Not necessarily. Why does this matter? It matters because qualifying spousal alimony payments are deductible by the payer and included in the recipient’s income.
In Ohio, alimony is called spousal support. For purposes of this article, we will use the Ohio term. In order for a payment to qualify as spousal support by the IRS, all of the following requirements must be met: (more…)
How does a court decide spousal support? The court considers a list of factors set forth in Ohio Revised Code 3105.18 (R.C. 3015.18
This article will address dividing a business in divorce. Usually, a qualified expert witness will be needed to provide evidence of the valuation of a business. The expert looks at various factors, such as the history of the business, risk involved in the particular business, among other factors. Utilizing such factors, the expert determines the fair market value of the business. The parties will have to decide if they want to agree on a single expert or if they wish to hire their own experts. With the price of a business evaluation expert being $10,000 or more, this is no small decision. Factors that may be considered in whether to share an expert include: whether the business-owning spouse is likely to disclose all assets and liabilities of the business, including receivables; whether the business-owning spouse had a history of keeping thorough and reliable records; and how well the non-business owning spouse knows the business. (more…)
A number of satisfied clients have submitted positive reviews of Attorney Gigiano. These reviews and client testimonials are earned by hard work and dedication to the client’s case. A summary of Attorney Daniel Gigiano reviews are as follows:
Testimonials and reviews come from hard work and know-how. In looking at testimonials, one should look for signs that the attorney will fight for you and will take the time to do some of the little things that may need done in the case.
Daniel Gigiano is an attorney who cares about getting justice for his clients, as well as looking out for their well-being. This culture of going the extra mile had its roots back in the days when he was an assistant prosecutor. While working in the juvenile division, word got around that Attorney Gigiano not only ran a tight ship and was a bulldog in the courtroom, but he also took the extra time with the people involved in the cases, as well as opposing counsel. Word traveled quickly, as the people involved and his peers spoke highly of his work. Attorney Gigiano was promoted to supervisor where he managed a large caseload. He continued to receive compliments for his willingness to give his time to people and ensure justice. (more…)