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The Child Support Attorneys at Sheppard Law
Offices have unparalleled knowledge and several years of
experience in Ohio child support laws. Parents have a legal
obligation to support their children financially. We possess
the experience to help you obtain fair child support awards
and enforce those awards when necessary through wage
garnishment proceedings or by the placement of liens against
property. In many cases,
circumstances change over the years that warrant a
modification of a child support order. We can help you
obtain a post-decree modification of a child support award
when a change in the financial circumstances of one or both
of the parents takes place.
Spousal support, which is still commonly referred to as
alimony, may be ordered by the court on a temporary basis,
that is, when the spouses are living apart during a legal
separation or during the pendency of their divorce action.
The court may also order permanent spousal support once a
divorce is final.
Ohio law requires that a married person
support his or her spouse. Spousal support is an allowance
for nourishment or sustenance which the court may compel one
spouse to pay to the other when they are living apart or
have been divorced.
With regard to a temporary spousal support
award, there is no precise formula for determining the
amount that will be awarded. The court must use its judicial
discretion and take into consideration the ability to pay of
the party who is to be paying the temporary spousal support
and the present needs of the party to whom the temporary
spousal support is to be paid. The court is required to take
into consideration the standard of living of the parties
immediately prior to the time of separation of the parties
or the beginning of the marital discord.
When determining whether to grant permanent spousal support
(and the amount and duration of the payments), the court is
required to consider fourteen factors.
These factors are:
1. The income of the parties, from all sources, including,
but not limited to, income derived from property awarded as
part of the property division in the divorce proceeding;
2. The relative earning abilities of the
parties;
3. The ages and the physical, mental and
emotional conditions of the parties;
4. The retirement benefits of the parties;
5. The duration of the marriage;
6. The extent to which it would be
inappropriate for a party, because he/she will be custodian
of a minor child or children of the marriage, to seek
employment outside the home;
7. The standard of living of the parties
established during the marriage;
8. The relative extent of education of the
parties;
9. The relative assets and liabilities of
the parties, including, but not limited to any court-ordered
payments by the parties;
10. The contribution of each party to the
education, training, or earning ability of the other party,
including, but not limited to, any party's contribution to
the acquisition of a professional degree of the other party;
11. The time and expense necessary for the
spouse who is seeking spousal support to acquire education,
training, or job experience so that the spouse will be
qualified to obtain appropriate employment provided the
education, training, or job experience, and employment is,
in fact, sought;
12. The tax consequences, for each party,
of an award of spousal support;
13. The lost income production capacity of
either party that resulted from that party's marital
responsibilities; and
14.
Any other fact that the court expressly finds to be relevant
and equitable.
If you are ready to discuss your case with Attorney Kenneth
Sheppard, contact us for a FREE one-half (1/2)
hour initial consultation. We will listen to you,
evaluate your claim, and give you an honest assessment of
your case. Let us give you the peace of mind you need and
deserve.
Sheppard Law Offices practice Family Law, Bankruptcy Law,
and Tax Law, serving; Westerville, Newark, and Central Ohio
communities including Franklin, Delaware, and Licking
counties.
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