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Posts tagged "family law attorney in Wadsworth"

Filing Tax Returns During A Pending Divorce

In my practice, I frequently confront the question of filing tax returns during a pending divorce, whether they should file an individual or joint return and what they should do with the refund. The other issue is whether the parties should file an individual or joint return.   Filing tax returns during a pending divorce depends on the situation. First, in the vast majority of divorces, there are restraining orders prohibiting the parties from disposing of assets and possibly even filing tax returns in the absence of a court order or mutual agreement. Therefore, going off on one’s own, filing an individual tax return and keeping the refund could be grounds for contempt.   (more…)

Can I Record My Child’s Wishes?

One may ask, “Can I record my child’s wishes?”  The answer is no.  Ohio Revised Code 3109.04 (R.C. 3109.04) specifically prohibits the court from considering such evidence:   “No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the child’s wishes and concerns regarding the allocation of parental rights and responsibilities concerning the child.  No court, in determining the child’s best interest for purposes of making its allocation of the parental rights and responsibilities for the care of the child or for purposes of resolving any issues related to the making of that allocation, shall accept or consider a written or recorded statement or affidavit that purports to set forth the child’s wishes and concerns regarding those matters.”   (more…)

What Is Separate Property In Divorce?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat 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:
  1. All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
  2. All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
  3. 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;
  4. Anything that is not separate property.
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Property Division In Divorce

This article will discuss property division in divorce.  What is property?  Property can be real property, otherwise known as real estate.  Property can also be personal property, which includes cash, financial and retirement accounts, vehicles, and household goods.
Under Ohio Revised Code 3105.171 (R.C. 3105.171), there are nine factors that govern only the division of property: (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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