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Spousal Support

alimony, divorce

Unlike child support, which is uniform across the state, the court has much more discretion over an award of spousal support, which is the modern term for what was commonly known as alimony. The principle behind spousal support is to compensate one spouse for lost wages or lost wage-earning ability. In Ohio, counties will often vary greatly in the amount of spousal support awarded. Most counties have established spousal support “guidelines” specific to that particular court; if either party wishes to deviate from those guidelines, they must provide the court with a justification for the deviation. Even though the equation used to...

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Determination of Child Custody

child custody

Custody of children is the most contested issue during a divorce. Because a determination of custody is unique to each family, the court has a wide degree of discretion. Each county will have a standard parenting order within its local rules of the court. The standard order is often the baseline or starting point when determining child custody and will identify one parent as the primary residential parent and legal custodian of the children. A typical standard order will grant the non-residential parent time with the children every other weekend from Friday evening until Sunday evening and one or two nights...

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Divorce versus Dissolution

Dissolution or Divorce

There are two primary ways to terminate a marriage, either through divorce proceedings or in a dissolution of marriage proceeding. The two methods have similarities: both are conducted in front of a judge or magistrate in the common pleas court of the county in which they are filed; both can be accomplished with the assistance of a licensed attorney or without representation, or pro se; and both will result in the legal termination of the marriage. The process, however, is very different. A dissolution occurs when the parties are in agreement concerning all aspects of the termination of the marriage. There...

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Child Support Calculation

mother female child love heart care given relationship

Under Ohio law, child support is calculated based on a Child Support Computation Worksheet. The court awards child support according to amount provided by the Child Support Computation Worksheet, which is designed to ensure consistency of child support orders from county to county across the state as well as to make the calculation process more efficient. This Worksheet considers each parent’s income and expenses in proportion to the income and expenses of the other parent. Income is considered from a variety of recurring sources including wages, self-employment earnings, unemployment or other social service benefits, and retirement and pensions.  Another common issue...

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Finances and Divorce

Wedding ring on pen, on banknotes background. Marriage of convenience

A divorce will not only affect your lifestyle and standard of living, but also your ability to meet your financial obligations.  The inherent problem with divorce is that most families go from a two-income household to a single-income household.  In almost every case, someone’s lifestyle is directly proportionate to their income.  This reduction in income is felt whether you make $20,000 a year or $200,000 a year. While some of your bills will also be reduced, many fixed costs will remain the same.  For example, assume you have the following monthly bills before filing for divorce: $250 car payment $1100 mortgage...

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Asset Determination & Evaluation in Divorce

High Net Worth Divorce Advice from Dayton OH Family Law Experts Kirkland Sommers & Gearhardt

Asset determination and evaluation play and integral role in divorce proceedings for those considered to be of high net worth.  You can be considered a high net worth individual if you are a celebrity, a billionaire, or just a successful local business owner . However, we should admit that there is a certain fascination in the world when it comes to high net worth divorces. Tabloid journalists, morning news shows and of course magazine publications are just a few who stand to benefit from the misfortune of a high profile and complex divorce. The amount of wealth within a relationship, as...

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It’s a Law: States Must Allow Same-Sex Marriage & Recognize Same-Sex Marriages from Other States

gaymarriage-2

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press....

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What to ask your divorce attorney…and what their answer should be.

dissolution

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press....

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