Suzanne K. Sabol Law Office

In Ohio, the amount of child support is calculated based on a percentage of each parent's income. The state uses a basic child support formula that assesses parental income to determine the amount paid by the parent ordered to pay. Child support is not usually affected by parenting time in Ohio, which means that even if you spend equal time with your child as his or her other parent, you might still be ordered to pay child support.

Courts consider the best interest of the child when making custody determinations. They will look at the child’s living situation when the marriage was intact and try to keep things as consistent as possible. This generally means living in the same household and remaining in the same school system. The court also considers the relationship each parent has with the child, the child’s health, the health of each parent, and any extenuating circumstances that could affect the child’s well-being.

Some couples choose to legally separate instead of divorcing because there might be some benefits available if they do not end their marriage. For instance, legal separations can be obtained faster and they take effect immediately. It makes reconciling easier for couples who think the marriage might be reconcilable in the future. Legal separations have few residency requirements and it provides benefits related to taxes and insurance. Legal separations also prevent both spouses from remarrying.

How long a divorce will take varies a great deal from case to case, depending on whether or not the divorce is disputed by either spouse. Things tend to go faster when both spouses want to end the marriage, but it can still take several months or more to finalized divorce because of issues related to custody, spousal support, and the division of property. Most divorces are complete in about six months, but this is a general guideline.

You must provide grounds when petitioning for divorce in Ohio. These must be agreed upon or that which the filing spouse can prove to the court. Grounds in a no fault divorce include incompatibility or living separately for one year or more. Grounds for at fault divorce include: • Another spouse at the time of the marriage • Willful abandonment for one year • Adultery • Extreme cruelty • Fraudulent contract • Gross neglect of duty • Habitual drunkenness or drug use • Imprisonment

The Ohio courts split up property based on the separate property and marital property shared by the divorcing spouses. In most cases, only property deemed to be marital property will be split in the divorce. Generally, marital property is property acquired by either or both spouses after they were married, regardless of how it is titled. You should keep careful records and be able to prove property is separate if you want to prevent it from being split in a divorce.

It depends on your custody arrangement, but more than likely yes. In Ohio, a custodial parent that wants to move out of state must receive consent from his or her child’s other parent or the court. This means you cannot relocate to another state with your child without going through a legal process that provides permission. There are also requirements you must meet before moving or the court can intervene and order you and your child back to Ohio.

Courts assume it is in the best interest of a child to have a close relationship with both parents, even if there are accusations or proven instances of abuse. However, if there is risk of abuse, chances are very high your relationship with your child will be restricted in some manner. For instance, you might be granted supervised visitation, which means the parenting time you have with your child will only occur under certain circumstances.

In general, spouses are held accountable for shared debt until the divorce is finalized. Even living in separate homes might not be enough to extinguish your liability. This means you should close all joint accounts as soon as you decide to divorce. Despite what is in the process of happening, creditors can legally come after you for debts they consider jointly owned, even if the debt was incurred after your state considers your spouse solely liable for his or her own debts.

Maybe. It is possible to amend an alimony or spousal support order if your economic situation changes. To do so requires a legal process, though, and it might not happen immediately. The best thing you can do if you are no longer able to meet your alimony obligations is to speak to an attorney. You are responsible for paying alimony in the amount ordered until the court decrees otherwise, so it is important to follow procedure and do all you can to meet your payment obligations.

It is possible to receive child support payments during divorce proceedings. It is an arrangement that is common among divorcing couples because the goal of the court is always to help children in a divorcing family maintain status quo. If you believe you will not be able to support your children in an appropriate and consistent manner, speak to your divorce attorney about a temporary support order during the process of your divorce.

Maybe. To legally obtain a divorce in Ohio, the plaintiff (the person filing) must have lived in the state for at least six months. If you have been here for six months or your soon-to-be-former spouse has lived here for six months and is willing to file, you will not need to return to your old state. Regardless who files, that person will need to show proof of residency, which could include pay stubs, electric bills, or similar documentation.

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