Friday, July 8, 2011

Ohio Spousal Support Calculations

The following information and links may assist you in understanding how Ohio spousal support and child support can be calculated. Ohio law is continually changing and revisions in the law and related calculations should be expected. It is always best to consult with an attorney about your specific circumstances and how support may be calculated under current law and guidelines. Opinions regarding Ohio spousal and child support calculations vary and attorneys work from a variety of models.

In the first section below, factors upon which spousal support can be calculated will be summarized.  Consider the following example before reviewing the factors.

Example:

A marriage between the parties is of short duration, around eighteen months. Wife is a healthy twenty-four year-old and continues to work in the same occupation, at the same earnings level she was at prior to the marriage. Wife requires no retraining. Husband earns $75,000.00 and Wife earns $20,000.00. Is Wife entitled to temporary spousal support?

Opinion: No. Although, the disparity in income is materially substantial, other factors (duration of marriage, Wife’s age, Wife's health, Wife’s employment status) outweigh the disparity in income. A magistrate or judge will weigh the factors presented by the parties either when ordering, or upon motion by a spouse, modifying temporary spousal support. A magistrate or judge will also weigh the factors presented by the parties when ordering permanent spousal support.

Sometimes a spouse's voluntary underemployment will be considered by a magistrate or judge when supported by the testimony of a vocational expert.

See:
How much and how long will spousal support be ordered?

Generally, the following factors can be considered by the magistrate or judge when calculating the amount and length of spousal support:

1. Amount of Spousal Support: Larger wage earner's income minus smaller wage earner's income, minus any child support, divided by three;

2. Length of Spousal Support: Length of marriage divided by three (a third of the length of a marriage, or until larger wage earner reaches retirement age, for marriages of long duration);

3. Adjustments to the amount and length of spousal support related to offsets or extraordinary factors (examples: credit for court ordered temporary spousal support paid; value of marital property kept by a spouse; disparity in value of parties' automobiles; court determined financial misconduct of a party during marriage, etc.).  Factor three is marriage specific and is best considered through consultation with your attorney.

Once a support order is issued by the court, a party may later want to seek modification of the order. See: http://ohiodivorceguide.blogspot.com/2013/07/court-reservation-of-jurisdiction.html
Spousal Support:      http://codes.ohio.gov/orc/3105.18

ORC Ann. 3105.18 (2011)

§ 3105.18. Award of spousal support; modification

(A) As used in this section, "spousal support" means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse. "Spousal support" does not include any payment made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is made as part of a division or distribution of property or a distributive award under section 3105.171 [3105.17.1] of the Revised Code.

(B) In divorce and legal separation proceedings, upon the request of either party and after the court determines the division or disbursement of property under section 3105.171 [3105.17.1] of the Revised Code, the court of common pleas may award reasonable spousal support to either party. During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party.

An award of spousal support may be allowed in real or personal property, or both, or by decreeing a sum of money, payable either in gross or by installments, from future income or otherwise, as the court considers equitable.

Any award of spousal support made under this section shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise.

(C) (1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 [3105.17.1] of the Revised Code;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;

(j) 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;

(k) 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;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from that party's marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and equitable.

(2) In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income.

(D) In an action brought solely for an order for legal separation under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.

(E) If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, 1986, and before January 1, 1991, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, 1991, the court that enters the decree of divorce or dissolution of marriage does not have jurisdiction to modify the amount or terms of the alimony or spousal support unless the court determines that the circumstances of either party have changed and unless one of the following applies:

(1) In the case of a divorce, the decree or a separation agreement of the parties to the divorce that is incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.

(2) In the case of a dissolution of marriage, the separation agreement that is approved by the court and incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.

(F) For purposes of divisions (D) and (E) of this section, a change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, or medical expenses.

(G) If any person required to pay alimony under an order made or modified by a court on or after December 1, 1986, and before January 1, 1991, or any person required to pay spousal support under an order made or modified by a court on or after January 1, 1991, is found in contempt of court for failure to make alimony or spousal support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and shall require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.



Each marriage is unique and consultation with an attorney about your circumstances is advisable.

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    Thank You Once Again Dr.UNEME

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  27. Am very happy that Dr Ilekhojie did help me in bringing back my soulmate. Iam sue there are many women just like me who have done everything in their powers so as to win their husbands back, I have come here to tell everyone woman to look no further because right here is the answer. I totally think if there were likefive spell casters like Dr Ilekhojie, the world would have been a good place.Me and my Husband had been separated for4YEARS and I couldn’t manage life without him, I have used everything to win him back but non was working until when i read many testimonies about a spell caster called Dr Ilekhojie and how effective her work is. I immediately got in touch with her and followed the steps that she asked me to and after 4days my ex called asking for my forgiveness that he wanted nothing but having me back in his life permanently. Am happy that I found Dr Ilekhojie. Hope you will find her very useful too. Need Help? WhatsApp Dr Ilekhojie on +2348147400259 OR Email info@gethelps.online and gethelp05@gmail.com
    Website: https://gethelps.online

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  28. Thank you sir for your genuine spells. This is really incredible, and I have never experienced anything like this in my life. Before i met you Sir, i have tried every possible means that i could to get my wife back, but i actually came to realize that nothing was working out for me, and that my wife had developed lot of hatred for me.. I thought there was no hope to reunite with my ex wife and kids. But when i read good reviews about your work sir, i decided to give it a try and i did everything that you instructed me and i Trusted in you and followed your instructions just as you have guaranteed me in 48 hours, and that was exactly when my wife called me.. We are more contented now than ever. Everything looks perfect and so natural! Thank you so much for your authentic and indisputable spells. Thanks Sir for your help. So I promise to tell the world about you great If you need help in your marriage of broken relationship,please contact Dr Osasu right now for urgent help WhatsApp +2347064365391 or Email drosasu25@gmail.com I want every one who is facing any problem should also give a testimony soon. Just like me today

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  29. I’m so excited because my broken marriage has been restored & my husband is back after he left me and our 2 kids for another woman. After 8 years of marriage, me and my husband has been into one quarrel or the other until he finally left me and moved to California to be with another woman. i felt my life was over and my kids thought they would never see their father again. i tried to be strong just for the kids but i could not control the pains that torments my heart, my heart was filled with sorrows and pains because i was really in love with my husband. Every day and night i think of him and always wish he would come back to me, I was really upset and i needed help, so i searched for help online and I came across a website that suggested that DR.Osasu can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and i did it then he did a (Love spell) for me. 28 hours later, my husband really called me and told me that he miss me and the kids so much, So Amazing!! So that was how he came back that same day,with lots of love and joy,and he apologized for his mistake,and for the pain he caused me and the kids. Then from that day,our Marriage was now stronger than how it were before,All thanks to DR.Osasu . he is so powerful and i decided to share my story on the internet that DR.Osasu real and powerful spell caster who i will always pray to live long to help his children in the time of trouble, if you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact: Email him at:Account:
    drosasu25@gmail.com , you can also call him or add him on Whats-app: +2347064365391,THANKS TO DR. Osasu

    ReplyDelete
  30. A big thanks to Dr Oselumen i never believe that there still exist a real death spell caster after all this years of disappointment from the enormous spammers on the Internet who go about scamming people, until i was opportune to meet Dr Oselumen a real spell caster, through a close friend called Jennifer who Dr oselumen had helped before, when i contacted him with his email via droselumen@gmail.com i explain how my ex have been giving me problem in my marriage, she never allowed me a moment of peace, and i need to end it by killing her, and i don't want to make use of assassin because it will be risky so i needed to do it in a spiritual way that's why i decided to contact him, he assured me not to worry as i have contacted the right person at the right time, i co-operated with him and in less than a week my ex was dead, she slept and never woke up all thanks to Dr Oselumen indeed he's really a humble man. you can contact dr oselumen for any death spell, such as to kill your superior in the office and take his or her place, death spell to kill your father and inherit his wealth ,death spell to kill anyone who have scammed you in the past ,spell for increase in salaries, spell for promotion at the office, spell to get your ex lover back, if things is not working well in your life then you need to contact him now via Email droselumen@gmail.com call or add him on whatsapp +2348054265852.

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  31. Divorce and marital breakthrough save your marriage / relationship from breakup and Divorce? you can contact Dr. Raypower through email Urgentspellcast@gmail.com or call him directly or WhatsApp on +1 (424) 330-8109

    Good day everybody, My names are Alicia Leonard i am out here to spread this good news to the entire world on how I got my ex husband back. It all started when my husband cheated on me with another woman unknowing to him that the woman is a wizard, the woman castes a spell on my husband which made my husband change his feelings towards me and the kids and broke our 6 years marriage. I was confused and stressed because of the pains of being a single mother, so i called a friend and explained my marital challenges to her, she instructed and directed me to contact this great powerful spell caster called Dr. Raypower, The main reason why she instructed me to contact Dr Raypower was because in recent times she have read some testimonies on the internet which some people has written about the powerful spell caster Dr Raypower and i was so pleased and i decided to seek for assistance from him which he did a perfect job by casting a spell on my husband and utilize the powers of the other woman which made him to come back to me and beg for forgiveness. I will not stop publishing his name on the net because of the good work he is doing. To everyone with marital problem, divorce issues, lost lover or any relationship related issues, you can contact Dr. Raypower the powerful urgent spell caster via details below 
    Email: Urgentspellcast@yahoo.com or Urgentspellcast@gmail.com  
    Website: https://urgentspellcast.wordpress.com/  and   http://urgentspellcast.website2.me/
    Blog: https://drraypower.blogspot.com/  
    Call/WhatsApp: +1 (424) 330-8109

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  33. I feel very happy to share my great and wonderful testimony with everyone on this site..: I was married for 4 years to my husband and all of a sudden another woman came into the picture he started hating me and he was abusive.but i still loved him with all my heart and wanted him at all cost.... He filed for divorce and my whole life was turning apart and i didn't know what to do, he moved out of the house and abandoned me and the kids... my very close friend told me about trying spiritual means to get my husband back and introduced me to a spell caster so i decided to try it. although i didn't believe in all those things then when he did the special prayers and spell, after 2 days, my husband came back and was pleading that he had realized his mistakes I just couldn't believe it, anyway we are back together now and we are happy in case anyone needs help here is his email address; Account
    doctorirekenagba@gmail.com His spells is for a better life OR call his number
    +2347059630655 or contact him on WHATSAPP

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