Ohio Family Law - Child & Spousal Support

Spousal & Child Support

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

Contact Sheppard Law Offices and Attorney Kenneth L. Sheppard, Jr. to discuss your particular situation. Call today to schedule your free consultation at 1-877-505-9455.

 

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