My Spouse “Lied” on His/Her Financial Affidavit
Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions
In Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).
The first step to avoid a “bad” Temporary Order is to make sure that your Financial Affidavit is through and accurate. On October 9, … Read More... “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”
Over the years Gregory Ramey, Ph.D., who is a local child psychologist and vice president for outpatient services at the Children’s Medical Center of Dayton, has allowed us to republish many of his “Family Wise” articles from the Dayton Daily News. He included an interesting question and answer in his column published in the Dayton Daily News on Sunday, August 28, 2011, that caught my attention. Here is the question and Dr. Ramey’s answer:
Think about this statement: “The rise of cohabitating households with children (where parents aren’t married, just living together) is the largest unrecognized threat to the quality and stability of children’s lives in today’s families.” That’s pretty strong stuff, but it’s exactly what a new research study concludes. While divorce has been the leading cause of the breakdown of the family and marriage for the last 40 years, the study shows that divorce is no longer the leading cause. The study shows that cohabitation is now the greatest threat to the welfare of children in the United States!
The topic of this Family Blog Article focuses upon what happens to the engagement ring in the event of a “broken engagement”. Most of the cases which are cited below provide the following information to the reader: An engagement ring is a conditional gift given in contemplation of marriage; and, therefore, an engagement ring is not an absolute gift.
Once upon a time in Ohio the answer was “yes”. But not any longer. There is much misinformation on the internet about this subject. So, I thought that a review of the child custody laws over the years might be both helpful and interesting. There has been movement away over the years from allowing a child to choose in a divorce which parent to live with. These past “age of election” laws were seen as placing too much pressure on children.
No one wants to get divorced. We don’t walk down the aisle thinking, “Aw, what the hell, if this doesn’t work, I can always get a divorce.” You probably thought more along the lines of, “I don’t care how many people get divorced. This is not going to happen to us!” Yet here you are. It is awful and it hurts more than you could have ever imagined.
There’s a good chance that you yourself are part of a stepfamily. If you’re not, you almost certainly have close friends or family members who are. Statistics show that one in three Americans live in a stepfamily and that more than 50% of Americans will live in a stepfamily at some point in their lives. A term that is now commonly used to describe a family that forms after divorce or re-marriage is a “blended” family.