Spousal Support Archives - Ohio Family Law Blog

If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

As a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a potential divorce. Many were not happy to be told that is NOT how it works in Ohio. Back then most men were the primary breadwinners. Often times the agreed upon roles where the man was the primary breadwinner and the wife was the primary caregiver for their … Read More... “If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

What is the Purpose of Temporary Orders in an Ohio Divorce?

Should I Request Temporary Orders In My Divorce Case? What Is Ohio Civil Rule 75 (N)?

It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that can be enforced. A motion for contempt can be filed for willful violations of these Court Orders.

WHAT DO TEMPORARY ORDERS USUALLY COVER?

Temporary Orders typically regulate:

Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
Payments of debts (ORC 3105.18); and
Attorney Fees.

In addition, they may deal with Guardian Ad Litem fees, expert witness … Read More... “What is the Purpose of Temporary Orders in an Ohio Divorce?”

What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?

child support obligation separation agreement spousal support

Child Support Obligation In Ohio If Ex-Spouse Dies

Secure Your Child Support Obligations Through Life Insurance? – The Pros And Cons To Consider

Imagine your ex-husband or ex-wife is ordered to pay $800 a month in child support for your one child, Amy, and Amy just turned ten years old at the beginning of the month. This would mean that your ex-partner would still owe approximately $76,800 more in child support [($800 per month x 12 months) x (approximately 8 more years until emancipation) = $76,800].

Now imagine the same scenario, but that your ex-partner just passed away yesterday.

In scenario one, you did not secure the child support obligation and Amy is no longer entitled to the $76,800 in child support that would have been to her benefit.

In scenario two, you and your ex-partner elected to secure the child support obligation by naming you or Amy as the beneficiary of your ex’s life insurance policy. Now, you and Amy will receive the much needed $76,800 in order to provide financially for Amy.

As you can see, not securing a child support obligation can result in a hefty loss of money that may be needed in … Read More... “What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?”

Common Law Marriage in Ohio – Does it Still Exist?

Ohio No Longer Recognizes Common Law Marriage After 1991

I’m sure most, if not all, have at least heard of the term “common law marriage“. By legal definition, a common law marriage is a marriage that doesn’t quite rise to the level of a legal, formal marriage, but is created by the two parties, who co-habit together and hold themselves out to their community as married. A legal marriage has a licensing component, and a certain level of solemnization requirement that might not be met by a common law marriage.

While common law marriages aren’t scarce, they are less common than they used to be. Prior to the widespread availability of easy transportation and the internet, people in remote areas of the country, especially out west, would need to wait around for the circuit-riding pastor to arrive in order to officially wed. Without a formal schedule, people began to pair off and held their own ceremonies before their family and friends and would hold themselves out in the community as married, even without all of the official paperwork being filed. After so long, no one really recalled that so-and-so weren’t actually legally married by the pastor.

Marriage Is

Ohio Alimony Revisited Under the New Tax Law

Existing Alimony Deduction Repealed Under New Tax Law

Under Ohio divorce decrees, alimony (spousal support) payments have been typically deductible to the payor and taxable to the recipient. The income tax treatment of these payments has been a significant factor in negotiating the amount of alimony. For new divorce cases not completed before January 1, 2019, these payments are now "neutral" per the new Tax Cuts and Jobs act. The existing alimony deduction has been repealed. This means that newly divorced individuals will not enjoy the benefits/burdens of alimony taxability (unless there was a executed separation agreement preserving such previous tax treatment signed prior to the end of last year).

A New Frontier For Operating Under The New Tax Law And Divorce In Ohio

What does this mean for individuals now in the process of divorcing or who get divorced after the Tax Cuts and Jobs Act in 2019? Essentially, we are now in the infancy of operating under the new tax law and divorce Courts are evaluating a fresh and starting to formulate new positions/practices. In Ohio, there is not a statutory guideline for setting alimony amount payments as there is for the payment of child support. Instead, … Read More... “Ohio Alimony Revisited Under the New Tax Law”

New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment

Often times when a couple divorces, a court will order one party to pay spousal support in Ohio and/or child support if there are minor children involved. And while it can seem that every, last detail from property division, to health insurance and retirement benefits is hammered out in the final decree, there may be an area that is too often overlooked.

What happens if the party obligated to pay child or spousal support suddenly becomes unemployed? Then what?

The Great American Insurance Group now offers Marital Settlement Agreement Insurance (“MSAI”), to insure divorce obligations during periods of unemployment. The program, which has been 40 years in the making, was developed by Richard S. Zizian, J.D., of the Zizian Agency in San Diego, California. It is now available in all states except Hawaii and Alaska.

Insurance Group Offers Spousal Support And Child Support Payments During Times Of Unemployment

In order to qualify, a person must be a full-time, W-2 wage earner. The holder can choose to pay the premiums annually, quarterly or monthly. The policy pays up to 24 weeks of benefits per year for child and/or spousal support payments. In addition, it covers obligations ranging from $450 to $9000 … Read More... “New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment”

LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!

SPOUSAL SUPPORT LEGAL ALERT

The Implications Of The New Tax Proposal On Your Divorce. Provision In New Tax Would Eliminate Spousal Support Deduction.

This could be a BIG deal in your divorce case! Are you planning on continuing your divorce case into next year? Are you perhaps in a position to complete it in 2017? The new tax proposal recently unveiled may make you think twice.

The Tax Cuts and Jobs Act contains a provision that would effectively eliminate the deduction that tax payers receive for making spousal support payments. Click here to read the full text of the proposed Act.

As the law currently reads (and has for around 75 years) , the person paying the support is allowed to deduct the amount, while the person being paid is required to claim it as income and thus, pay taxes.

When determining spousal support, courts take into account the fact that the paying spouse is able to deduct the amount of spousal support paid on his or her taxes. Should the new legislation pass as presently written, the payor spouse will lose their deduction, thereby raising their tax burden which may reduce the amount of income available for spousal … Read More... “LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!”

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