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Military Issues In Divorce And Child Custody

Military issues in divorce and child custody arise when one or both parents are currently or former members of the military.
The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills. (more…)

Property Division For Unmarried Couples

Couples who are living together do not have the same rights to division of property as married couples.  Married couples have a right to an equitable division of their property.  Ohio Revised Code 3105.171 (R.C. 3105.171) gives married couples this right to an equal division of property, unless an equal division would be inequitable.  Using R.C. 3105.171, the court determines which property is separate property and which property is marital property.  Separate property that is commingled with marital property will remain separate property so long as it is traceable.  Non-married couples could have the right of married couples if they meet the requirements of common-law marriage under Ohio Revised Code 3105.12 (R.C. 3105.12), which provides for common-law marriage only if common-law marriage occurred in Ohio prior to October 10, 1991, or in another state that recognizes common-law marriage.  Outside of marriage, property division for unmarried couples tend to follow general rules of equity and fairness. (more…)

Can a 14-year old child choose which parent they want to live with?

Can a 14 year old child choose which parent he or she wants to live with? This is a common question. While domestic relations courts will often place a great deal of weight on the age of the child, it is actually only one of sixteen factors set forth in Ohio Revised Code 3109.051(D). Other factors include the child’s relationship with extended family, the location of the parents’ homes, the amount of time that will be available for the child to spend with his or her brothers or sisters, the mental and physical health of the parties, whether either of the parents have a criminal history, and whether either of the parents’ actions resulted in a child being an abused or neglected child. (more…)