Ohio Child Support
In Ohio, child support is awarded to assist a parent with the financial responsibilities of a couple’s minor children. Child support is based on a statutory formula. The formula takes into consideration the number of minor children, the income of the parents, the time spent with each parent and other considerations. Experienced counsel can take into consideration the factors to structure the appropriate child support award for your circumstances. Child support will continue until a child reaches age 18 and graduates from high school. The court can extend child support past the age of emancipation if a child is disabled and cannot support himself/herself. Child support is always subject to modification by the court.
Ohio Spousal Support
Spousal support is an award of monthly payments to one spouse in order to provide financial assistance for a period of time after the marriage has ended. In Ohio, the court is required to review fourteen statutory factors in order to determine whether spousal support is reasonable and appropriate. The court will determine the amount and length of time of the spousal support award. The factors considered include income, age of the parties, physical and mental health, length of the marriage, retirement benefits, relative assets and liabilities and other statutory factors.
There are many important considerations that need to be taken into consideration when negotiating a spousal support award. If one spouse does not work or is underemployed, the court may need to determine that spouse’s earning abilities. Further, it is important to structure spousal support to consider the length of time until retirement, the ability to obtain social security benefits, and the time needed to be retrained for employment.
When a spouse is self-employed or owns a business, a spouse may need to obtain a financial expert to determine the spouse’s actual income. The financial expert and counsel may be able to determine whether the business owner is hiding income, inflating expenses or determine the business owner’s reasonable compensation.
Further, the parties need to negotiate whether the court will or will not retain jurisdiction over the modification of spousal support. If the court retains jurisdiction over spousal support, then spousal support can be modified based upon a substantial change of circumstances by either party. A change of circumstances can include a change in income, expenses or statutory changes. If the court does not retain jurisdiction, then neither party will be permitted to modify spousal support.
For a long term marriage, spousal support can be set for the lifetime of the payor or payee, subject to the court having the ability to modify or terminate spousal support upon a change of circumstances or upon the death of either party. Counsel will need to determine the availability of long-term spousal support in your divorce case.
Our strong financial knowledge and a working relationship with trusted experts in accounting, business valuation, and other complex issues can be a tremendous asset for you. We are committed to preparing your case thoroughly and working toward a divorce settlement that serves your best interests to the greatest extent possible under the law, including:
- Helping ensure any temporary order for spousal support is reasonable and appropriate to you.
- Advocating aggressively for a favorable settlement or trial outcome.
- Representing you in post-decree litigation if necessary to appeal an unjust award or modify a spousal support order when circumstances change substantially after your divorce.
We can also advise you on and draft an antenuptial / prenuptial agreement that deals with spousal support proactively before you marry, guarding against any significant conflict on this issue should your marriage end.
Let Our Experience Help You: Contact Our Akron Law Firm
For over 44 years, we have provided our clients with the best representation possible. Let our experience help you. We welcome you to call Randal A. Lowry & Associates at (330) 576-3363 to consult with us regarding your Ohio divorce, spousal support or child support matter. Our Akron-area family law attorneys serve clients throughout Summit, Medina, Portage, Stark and Cuyahoga counties.