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Posts tagged "Spousal Support"

Business Income In Ohio Child Support and Divorce

One of the more difficult tasks in calculating child support and spousal support for Ohio divorce and child custody is calculating and determining business income.  Business income in Ohio child support and divorce is complex and filled with pitfalls.  It can be frustrating to watch the opposing parent reduce his or her income significantly through business expenses.  Does this mean that the opposing parent’s income can be reduced from $120,000 in gross receipts down to a net profit of $30,000, simply because he or she claimed $90,000 in business expenses?  Not necessarily.

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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…)

When Does Spousal Support End?

Daniel F. Gigiano, Wadsworth OhioWhen does spousal support end?  Even when spousal support is determined as lifetime spousal support, it is not necessarily forever.
There are four ways in which an order for spousal support may terminate:
  1. Spousal support may terminate on a specified date;
  2. Spousal support may terminate upon the occurrence of a specified event;
  3. The domestic relations court may terminate spousal support pursuant to its continuing jurisdiction if a change of circumstances has occurred that supports termination of spousal support;
  4. Spousal support may terminate as a matter of law upon remarriage of the recipient spouse or the death of either party.
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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…)

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…)

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…)

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…)

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…)

Medina Divorce Attorney

What is a Medina divorce attorney? A Medina 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 Medina residents, such cases would originate in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256. 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…)

State Medical Insurance May Have To Be Reimbursed Through Child Support

The State of Ohio provides medical insurance for children of low-income families.  Any such state medical insurance may have to be reimbursed through child support.  This program is called cash medical support.  Unless the person paying child support is also low-income, that person will have to pay five percent of their income towards reimbursing the State of Ohio for providing medical insurance for the children.  Because that person gets a credit for this on support payments, this has the overall effect of reducing the amount of support received. (more…)

Child Support And Spousal Support

Child Support

The amount of child support is determined under Ohio child support guidelines, based on the number of children and the parent’s income, along with a number of other factors.  Child support is paid to the child support enforcement agency, usually by wage withholding.  

Spousal Support

Ohio uses the term spousal support, instead of alimony or maintenance.  Spousal support is awarded to help sustain a spouse during the pending divorce action or as a part of the final decree.  Some of these factors courts consider are the ages, earning ability and health of the parties, the length of the marriage, and the standard of living during the marriage.   Attorney Gigiano has successfully litigated child support & spousal support issues.  Call now to find out how he can fight for your right to fair amount of support in court.