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Posts tagged "Child Support"

Ohio Paternity Parentage Cases

Ohio child custody rights of unmarried parents are decided in Ohio paternity parentage cases, which includes requests for legal custody, parenting time and/or shared parenting. In Ohio, an unmarried mother has sole legal custody of a child born outside of marriage.  The father has no legal rights to the child until he requests the court to issue orders establishing a father-child relationship and an order for parenting time.

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Divorce And Dissolution

How do divorce and dissolution differ from one another? A dissolution is an agreement to terminate the marriage, with an agreement on how to divide their assets and debts, as well as agreement on child custody, child support, parenting time and spousal support. In order to have a dissolution, the parties must agree on all of the issues. Paperwork is filed and the matter is resolved in a single hearing. The dissolution process is usually completed within two to three months after filing.   When the parties cannot agree on all of the issues, but wish to terminate the marriage, they must do so with a divorce. One of the eleven grounds for divorce must be alleged. Incompatibility cannot be proven, but must be agreed upon by both parties in order to be used as a ground for divorce. Divorce usually consists of temporary orders hearings, case management hearings, pre-trial hearings, and final hearings (trials). The final hearing does not usually occur until at least nine months after filing and sometimes well over one year after filing.   (more…)

Courts Impute Income For Child Support

Courts impute income for child support.  This means that the court will determine that you should make a certain amount of income even if you do not.  How does the court do that?  The court considers employment history, education, physical and mental disabilities, availability of employment in the area, typical wages in the area, skills and training, whether the person has the ability to earn the imputed income, the age and special needs of the child, and experience in the field.  Basically, the court will impute income if a parent voluntarily reduces income or loses a job.  If the income loss or reduction was involuntary and the person cannot easily obtain another job at the same income level, then the court may accept the person’s current income level for child support purposes.   (more…)

Child Support Deviation

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:   (more…)

What Does The IRS Consider To Be Spousal Support?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat 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…)

Dalton Divorce Attorney

A Dalton divorce attorney represents individuals for a variety of family law cases, including divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities. (more…)

Burbank Divorce Attorney

A Burbank divorce attorney provides aggressive representation for family law matters, such as divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Hiring a Burbank divorce attorney to be on your side gives you better access to justice by making your voice heard in court.
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West Salem Divorce Attorney

A West Salem divorce attorney aggressively represents individual in family law cases, including divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Having a West Salem divorce attorney on your side gives you greater access to the divorce court by giving you a better opportunity to have your voice heard by the court.
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Marshallville Divorce Attorney

A Marshallville divorce attorney represents people who either live in Marshallville or who need to go back to the Wayne County Domestic Relations Court or Wayne County Juvenile Court because they need to revisit a child custody, child support or spousal support issue in that court.  Having a Marshallville divorce lawyer on your side gives you the opportunity to have your voice heard effectively in the divorce court.
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Sharon Township Divorce Attorney

A Sharon Township Divorce Attorney files divorces in Medina County Domestic Relations Court.  When one or both spouses are residents of Sharon Township, this is where the divorce complaint should be filed.  Upon request, the magistrate issues temporary orders for issues such as child custody, parenting time, child support, spousal support, and exclusive use of real and personal property.  Temporary Restraining orders are automatically issued in divorce cases.  The final hearing in a divorce case is usually set approximately one year from the date of filing.  This gives the parties time to conduct discovery and negotiate the issues. (more…)

Orrville Divorce Attorney

Orrville Divorce AttorneyAn Orrville divorce attorney provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motions to modify parental rights and responsibilities.

Orrville Divorce Attorney Fights For Clients In Divorce Court 

  Where one or both parents are Orrville residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  The initial filing consists of complaint for divorce, affidavits, and usually a motion for temporary orders.  The temporary orders motion can either be immediately granted or set for hearing.  Several “pre-trial” hearings are set by the court.  The first is a Status One Hearing, where the attorneys tell the magistrate the issues involved in the case.  The next two are the Status Two and Pre-Trial conferences, where the attorneys provide a more detailed analysis supported by detailed written breakdowns of the issues.  These hearings are followed by a final hearing before the magistrate. (more…)

Wayne County Divorce Attorney

A Wayne County divorce attorney represents individuals in Wayne County for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.
Where both parents are Wayne County residents, such cases would originate in the Wayne County Domestic Relations Court, 107 W. Liberty Street, Wooster, Ohio 44691.  A divorce in the Wayne County Domestic Relations Court starts with the filing of a complaint and often a request for temporary orders, both of which must be served by summons to the opposing party.  Temporary orders, if granted, temporarily resolve issues such as child custody, parenting time with the children, child support, spousal support, and exclusive use of the marital residence and vehicles. (more…)

Lodi Divorce Attorney

A divorce case when both spouses are Lodi residents is filed in the Medina County Domestic Relations Court, located in the courthouse on Public Square.  The services of a Lodi divorce attorney can help ensure that the matter is properly filed and pursued.  Filing the divorce results in immediate restraining orders prohibiting the parties from withdrawing money from retirement accounts, selling marital assets, among other things.  The filing often includes a request for temporary orders.  Unless there is a good reason not to do so, the court will issue temporary orders upon such a request, temporarily resolving issues of child custody, parenting time with the children, child support, spousal support, exclusive use of the marital residence, and exclusive use of the vehicles. (more…)

Child Support Obligation Definitions

Ohio Revised Code § 3119.01, commonly referred to as the Calculations of child support obligation definitions or just plain  Definitions, contains a wealth of information about child support.  Not only does this section include definitions of “child support order,” “obligee,” “obligor,” and  “gross income,” but it also sets forth the factors for imputed income.  Here is Ohio Revised Code Section 3119.01, which contains child support obligation definitions, in its entirety, without any editing:

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Everything You Wanted To Know About Child Support

Everything you wanted to know about child support but were afraid to ask is right here.  Just about.  Putting everything in would fill books.  Maybe, this should be called a quick look at what you need to know about child support. Anyway, here goes.
If a child’s parents are separated from each other, chances are that a child support order is either in place or can be put in place.  Child support may also be ordered when the parents are in divorce, dissolution of marriage, paternity and legal separation cases.  A child support award can originate or be modified through the county’s Child Support Enforcement Agency (CSEA), domestic relations court or juvenile court.  In Medina County, child support is usually awarded in the Medina County Domestic Relations Court.  Summit County is the same, as it also has moved all of its parentage and/or paternity cases to the Summit County Domestic Relations Court.   A Summit County attorney or Medina County attorney would file for child support in domestic relations court, regardless of whether the case was a dissolution, divorce or paternity action.  However, Wayne County has not moved its parentage and/or paternity cases to domestic relations court.  A Wayne County attorney would file for child support in Wayne County Juvenile Court in a paternity action.  That same Wayne County attorney would still file for child support in Wayne County Domestic Relations Court in a divorce or dissolution. (more…)

Creston Divorce Attorney

What is a Creston divorce attorney?  A Creston divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Getting an experienced Creston divorce attorney is valuable when involved in such proceedings, giving you your fair day in court.
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Brunswick Divorce Attorney

When one or more spouses or parents reside in Brunswick, Ohio, that person may need the services of a Brunswick divorce attorney for divorce, dissolution, post-decree motions, paternity suit, child custody, child support, and civil protection orders.  A skilled attorney can ensure that the evidence supporting your position is heard by the court, while exposing the weaknesses of the opposing side's case
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Doylestown Divorce Attorney

What is a Doylestown divorce attorney?  A Doylestown divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.
Where both parents are Doylestown residents, a divorce would be filed in the Wayne County Domestic Relations Court.  The case starts with the filing of a complaint, accompanied by a number of affidavits, and usually a motion for temporary orders.  The motion can either be immediately granted or set for hearing.  Several “pre-trial” hearings are set by the court:  a Status One Hearing, where the attorneys tell the magistrate the issues involved in the case; Status Two and Pre-Trial conferences, where the attorneys provide a more detailed analysis supported by detailed written breakdowns of the issues.  These hearings are followed by a final hearing before the magistrate. (more…)

When Child Support Ends

When does child support stop?  How do you stop paying child support?  Does child support stop when a child turns eighteen?  Child support terminates or ends in a number of circumstances.  Ohio Revised Code 3119.88 (R.C. 3119.88) outlines the reasons why child support terminates and when child support ends.  The statute says that the child support order should terminate if any of the following occur:
  • The child is no longer attending high school upon turning eighteen years old.
  • The child stops attending high school after turning eighteen years old.
  • The child dies.
  • The child gets married.
  • The child becomes emancipated.
  • The child enlists in the armed services.
  • The child is deported.
  • Legal custody of the child changes.
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Rittman Divorce Attorney

Rittman Divorce AttorneyWhat is a Rittman divorce attorney?  A Rittman divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.
Where both parents are Rittman residents, such cases would originate in the Wayne County Domestic Relations Court, 107 W. Liberty Street, Wooster, Ohio 44691.  This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)

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