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Posts tagged "choosing between divorce and dissolution in Ohio"

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…)

How Does A Court Decide Spousal Support?

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):
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Dividing A Business In Divorce

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…)

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…)

Can You Force Your Spouse into a Divorce?

I am often asked: can you force your spouse into a divorce?  Many parties get divorced by agreement, otherwise known as a dissolution.  While getting divorced by agreement can be less expensive, save time, and be less emotionally draining, sometimes the parties cannot reach an agreement or one spouse refuses to get divorced.  While most divorcing couples would simply agree that they are incompatible, otherwise known as stipulating to incompatibility, Ohio provides for a number of grounds for divorce. (more…)

How Should I Dress For Court?

I am often asked, how should I dress for court?  The unwritten rules are the same, whether the court is located in Ohio courts in Medina, Akron, Wooster, or any other city that has a courthouse.  Lawyers have a clear rule: male lawyers wear a minimum of a jacket and tie and usually a suit and tie; female lawyers wear a suit or other professional attire.  If you see an attorney wearing anything else, you will usually hear the attorney apologize for their appearance and that they only learned of the court hearing at the last minute.

Do You Have To Dress Like An Ohio Lawyer?

  While the court will not usually require you to dress a certain way, it is a good idea to dress in a way that shows respect for the court. For men, this would consist of a nice pair of slacks and a dress shirt.  Some men choose to wear a suit for trial.  For women, this would consist of a nice pair of slacks or dress with a nice blouse or sweater. (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…)