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.
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.
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:
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…)
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.
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.
An 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…)