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.

42 comments:

  1. This post will give you the specific step-by-step strategies you need to protect your children and yourself. It's really interesting post and I love to read it more. Thank you & keep sharing.

    ReplyDelete
    Replies
    1. Hey,

      You’ve probably heard that good communication is the cornerstone
      of every successful marriage. There’s a reason for that – it’s true.

      Here’s an effective strategy for validating your spouse in every
      conversation. It will instantly strengthen the bond between you both.

      Seriously, this is a game changer that will transform your marriage instantly!

      >> Transform Your Marriage in Minutes <<

      Talk to you soon,

      Ana

      Delete
    2. Since the death of my father my uncle have be maltreating me and making me depressed , i almost commented suicide due to the way i was been treated in the family. few weeks ago when i was discussing with a friend about what am going through in the family he advise me to reach out to dr peter (peterwiseherbalcenter@gmail.com) that he can help me silence my uncle so i can have my peace in the house , without wasting any time i contacted dr peter and He helped me silence my uncle with his powerful death spell magic that he cast on my wicked uncle . Since my uncle’s death the family have been peaceful and loving , i now find happiness in everything i do. Revenge at last !!! thank you dr peter . contact dr peter today for any spell , death spell , love spell , money spell , deliverance spell , healing spell,spell to remove black magic out of your life , family and marriage, SPELL TO CANCEL DIVORCE via call or whatsapp +2349059610643  

      Delete
    3. LOVE SPELL CASTER (DR. GBOJIE) THAT HELPED ME BRING BACK MY DIVORCE HUSBAND CONTACT HIM NOW FOR ANY KIND OF HELP

      With so much in my heart i am here to express myself on how Dr. GBOJIE saved my marriage from divorce. Myself and my husband were having some misunderstanding and it was tearing our marriage apart to the extend my husband was seeking for a divorce. So i have no option than to go to the internet to seek for solution to my problem it was there i came across Dr. GBOJIE details and about how he has helped a lot of people by restoring there relationship. I contact Dr.GBOJIE and in less than 48 hours my husband cancelled the divorce papers. Now myself and my husband live together in peace and harmony all thanks to Dr.GBOJIE for saving my marriage from breaking up. Dr. GBOJIE contact information are via email: gbojiespiritualtemple@yahoo.com , gbojiespiritualtemple@gmail.com or call his phone number or WhatsApp: +2349066410185 .or check out his website :http://gbojiespiritualtemple.website2.me  

      Delete

    4. I want to give a big thanks to a great spell caster commonly known as DR TAKUTA for the great spiritual prayers he did in my life by bringing my ex-lover back to me after many months of breakup and loneliness. With this, I am convinced that you are sent to this word to rescue people from heartbreaks and also to help us get the solution to every relationship problem. for those of you out there who have one relationship problem or the other why not contact DR TAKUTA. that is the best place you can solve all your problems, including a lack of jobs and promotions, binding and marriage spells, divorce and attraction spells, good luck and lotto spells, fertility, and pregnancy spells, and also the business success and customer increase, winning court cases and many more. contact him at takutaspellalter@gmail.com or contact mobile contact +27788634102














































      I want to give a big thanks to a great spell caster commonly known as DR TAKUTA for the great spiritual prayers he did in my life by bringing my ex-lover back to me after many months of breakup and loneliness. With this, I am convinced that you are sent to this word to rescue people from heartbreaks and also to help us get the solution to every relationship problem. for those of you out there who have one relationship problem or the other why not contact DR TAKUTA. that is the best place you can solve all your problems, including a lack of jobs and promotions, binding and marriage spells, divorce and attraction spells, good luck and lotto spells, fertility, and pregnancy spells, and also the business success and customer increase, winning court cases and many more. contact him at takutaspellalter@gmail.com or contact mobile contact +27788634102

































      Delete
  2. Great thoughts you got there, believe I may possibly try just some of it throughout my daily life.

    Indian Divorce Guide

    ReplyDelete
    Replies
    1. Since the death of my father my uncle have be maltreating me and making me depressed , i almost commented suicide due to the way i was been treated in the family. few weeks ago when i was discussing with a friend about what am going through in the family he advise me to reach out to dr peter (peterwiseherbalcenter@gmail.com) that he can help me silence my uncle so i can have my peace in the house , without wasting any time i contacted dr peter and He helped me silence my uncle with his powerful death spell magic that he cast on my wicked uncle . Since my uncle’s death the family have been peaceful and loving , i now find happiness in everything i do. Revenge at last !!! thank you dr peter . contact dr peter today for any spell , death spell , love spell , money spell , deliverance spell , healing spell,spell to remove black magic out of your life , family and marriage via call or whatsapp +2349059610643  










































      Delete
  3. great blog..i really love reading it, it gave us a lot of ideas on what would we do when the time will come..we need to protect each member of our family..

    marcellus shale jobs ohio

    ReplyDelete
  4. Custodial Parent Endorses the Services of the Custodial Support Foundation and Bounty Alert for Assisting in Collecting $11,000 of Her Child Support Arrears through Project Child Support.

    See Endorsement:
    http://www.projectchildsupport.org/testimonial_response_ej.pdf

    The noncustodial parent found living in Maryland after leaving New Jersey in an attempt to not pay child support.

    The noncustodial parent was arrested during the court appearance to prevent his assets from being seized and liquidated during the hearing to obtain the custodial parents enforcement order through Project Child Support.

    The custodial parent was also facing an eviction, which she was able to stop by paying her past due rent.

    If you are owed child support and are unable to collect your arrears, call the Custodial Support Foundation at (855) 851-HELP or (855) 851-4357.

    ReplyDelete
  5. A good informative article about spousal support calculations. Thank you for making this information about so clear and interesting.

    ReplyDelete
  6. I hope you have a nice day! Very good article, well written and very thought out.
    Professional Website Design Company Bangalore

    ReplyDelete
  7. I hope this blog information should be very useful for people to know about spousal support.
    Web Design Companies | Website Design Company

    ReplyDelete
  8. I am very happy to read this. Appreciate your sharing
    Signature:
    i like play games friv4 online and play games 2 girls Download baixar facebook movel

    ReplyDelete
  9. I just want to say thanks for your wonderful post, it is contain a lot of knowledge and information that i needed right now. You really help me out my friend, thanks!
    happy wheels
    super mario bros
    pacman
    agario

    ReplyDelete
  10. The blog or and best that is extremely useful to keep I can share the ideas. Age Of War 2
    Big Farm | Slitherio | Tank Trouble
    Of the future as this is really what I was looking for, I am very comfortable and pleased to come here. Thank you very much.
    Happy Wheels | Goodgeme Empire | Slither.io

    ReplyDelete
  11. To be able to participate in free online games. You can click here to play always.
    gun mayhem | can your pet
    learn to fly | happy wheels
    tank trouble 3

    ReplyDelete
  12. This comment has been removed by the author.

    ReplyDelete
  13. My husband and i got Married last year and we have been living happily for a while. We used to be free with everything and never kept any secret from each other until recently everything changed when he got a new Job in NewYork 2 months ago. He has been avoiding my calls and told me he is working,i got suspicious when i saw a comment of a woman on his Facebook Picture and the way he replied her. I asked my husband about it and he told me that she is co-worker in his organization,We had a big argument and he has not been picking my calls,this went on for long until one day i decided to notify my friend about this and that was how she introduced me to Mr James(Worldcyberhackers@gmail.com) a Private Investigator  who helped her when she was having issues with her Husband. I never believed he could do it but until i gave him my husbands Mobile phone number. He proved to me by hacking into my husbands phone. where i found so many evidence and  proof in his Text messages, Emails and pictures that my husband has an affairs with another woman.i have sent all the evidence to our lawyer. I just want to thank Mr James for helping me because i have all the evidence and proof for my lawyer,I Feel so sad about infidelity.


    ReplyDelete
  14. Hey Nice Blog!! Thanks For Sharing!!!Wonderful blog & good post.Its really helpful for me, waiting for a more new post. Keep Blogging!
    SEO company in coimbatore
    SEO company
    web design in coimbatore

    ReplyDelete
  15. I truly like how your class timings of your online journal. I delighted in perusing your online journal and it is both instructional and intriguing.

    Mobile App Development Company | Web Development Company India

    ReplyDelete
  16. It is actually a cool and useful piece of info. Iam happy that you simply shared this helpful information with us. Please stay us informed like this. Thank you for sharing.
    Mobile App Development Company

    ReplyDelete
  17. Just would like to mention your article is as wonderful. The clarity in your post is solely nice and that i might assume you're associate degree professional on this subject. Fine together with your permission enable ME to grab your RSS feed to stay updated with forthcoming post. Thanks 1,000,000 and please persevere the pleasurable work.
    top software development companies
    custom software development company
    website and software development company
    "
    web and mobile app development company
    "
    mobile app development company

    ReplyDelete
  18. Hey guys, How i Got My Ex-husband Back Fast, Dr.Padman love spell casting really worked!
    My husband left me for another woman three months ago and ever since then my life have been filled with pains sorrow and heart break because he was my first love whom i have spent my entire life with. A friend of mine told me he saw some testimonies of a spell caster called Dr.Padman that he can bring back lover within some few days, i laugh it out and said i am not interested but because of the love my friend had for me, she consulted the great priest (padmanlovespell@yahoo.com) on my behalf and to my greatest surprise after 11hours later my husband called me for the very first time after three months that he is missing me and that he is so sorry for every thing he made me went through.He came back to me and now we are happy together. I still can’t believe it, because it highly unbelievable. Thank you Dr.Padman for bringing back my lover and also to my lovely friend who interceded on my behalf, for any one who might need the help of this great Dr here is the email address:(padmanlovespell@yahoo.com)

    ReplyDelete
  19. %&@Effective Islamic Dua to Get or Bring Lost Love Back Call & Whatsapp+27820502562 Dr Nkosi www.fastsolutiontemple.com))[[[अब घर का समाधान .LOVE VASHIKARAN SPECIALIST BABA GET PROBLEMS SOLVED BY (GREAT ASTROLOGER) World Famous Astrologer/Vashikaran, Spell Casters, Black Magic, White Magic, Real VOODOO LOVE SPELL  in USA, UK, CANADA, AUSTRALIA, Kuwait, UAE, GET BACK LOST LOVER AFTER DIVORCE, get back your lost love, how to get my ex- back, how to get my love back, Instant Death Spell, Revenge Spell, Divorce Spell, Fertility/Pregnancy Spell,  Marriage Spell,  Love spells, lost love spells, breakup spells, protection, reunite us, attraction spells, psychic, traditional healers, sangoma, black magic removal, recover lost funds, Online Revenge on Ex, Get Exlover Back Online,
    Business Spell
    Solving small / big court cases and early jail release
    Curse Removal
    Becoming famous spell
    Career spell
    Men’s Early Ejaculation
    Strong and Sustained Erection
    Low Libido
    Cannot Give Birth
    Reach Out For Help
    Email: fastsolutiontemples26@gmail.com
    Email: drnkosifastspell@yahoo.com
    Call & Whatsapp+27820502562
    Website: http://fastsolutiontemple.com

    ReplyDelete
  20. HOW I GOT MY HUSBAND BACK HOME
    Ever since my husband got me divorced for the past 1 year, i v'e not been my self. I was reviewing some post of how i could get back my husband then, i saw a testimony shared by Rissag Jaden from NEW YORK about a spell caster named Dr AGBAKA. I contacted Rissag Jaden to confirm about how Dr.AGBAKA helped her and she clarified everything to me of how he helped her and that gave me the courage to get in touch with Dr AGBAKA for help. Dr AGBAKA assured me that my days of sorrows will be over within 48hours after he has finished with his work. I followed his instructions he gave to me because i had the believe, faith, hope and trust in him. Verily i say to you today that i and my husband are back together and i can proudly say and testify to the world of what Dr AGBAKA did for me. Contact him today via E-mail:(Agbakaspelltemple @gmail .com) OR call him or whatsapp him +2349052647861 if you seek his help. Also specialize in treating all kinds of illness, HERPES VIRUS, HEPATITIS B, CANCER, BRAIN DISEASE, INFERTILITY, DIABETES AND MORE..

    ReplyDelete
  21. I had struggle relationship with my husband in the past which led to divorce with my first husband. After i and my ex husband got divorced, i had another chance to re-marry again and just 5 years of my second marriage there was another divorce which almost killed me emotionally. I stayed for another two years been unmarried and a single mother. Honestly I wasn't really happy it because every woman need a man in her life, there was a time i saw my first husbands photo and i realized how much i loved him and have missed him. I tried to get to him but i was told that he moved on with his life and we may never been together again. I wept bitterly that night thinking i have lost the man that i have had so much love for. I asked for advise on what to do and a friend of mine gave me a contact of Osasu Solution Temple, i consulted him and to his very best with his powerful spells he helped me with a Reunion Marriage Love Spell to returned my ex husband back to me, in just 9 days i had enchanter with a spiritual reunion prayers with priest Osasu everything turn around for good in my life, I am now happily living with my first husband again and sort out the divorce issues. with the help of Osasu temple, his a man of wisdom and care. Thanks and i appreciate all the help you have rendered to get my ex husband back into my life again. I testify here today that Osasu temple is powerful it can resolve all problem in a broken relationship with love once. contact him for solutions to any kind of relationship problem. Email....(drosasu25@gmail.com) You can also call him or add him on WhatsApp +2347064365391

    ReplyDelete
  22. LOVE SPELL CASTER (DR. GBOJIE) THAT HELPED ME BRING BACK MY DIVORCE HUSBAND CONTACT HIM NOW FOR ANY KIND OF HELP

    With so much in my heart i am here to express myself on how Dr. GBOJIE saved my marriage from divorce. Myself and my husband were having some misunderstanding and it was tearing our marriage apart to the extend my husband was seeking for a divorce. So i have no option than to go to the internet to seek for solution to my problem it was there i came across Dr. GBOJIE details and about how he has helped a lot of people by restoring there relationship. I contact Dr.GBOJIE and in less than 48 hours my husband cancelled the divorce papers. Now myself and my husband live together in peace and harmony all thanks to Dr.GBOJIE for saving my marriage from breaking up. Dr. GBOJIE contact information are via email: gbojiespiritualtemple@yahoo.com , gbojiespiritualtemple@gmail.com or call his phone number or WhatsApp: +2349066410185 .or check out his website :http://gbojiespiritualtemple.website2.me  

    ReplyDelete
  23. This is the website I read about Doctor Okaka and contacted him to help me get my ex boyfriend back to marry me during the month of December last year and I have come back here to post about him. Doctor Okaka will help you solve your problem no matter what you are going through. Posting about a spell caster is very strange to me because I never believed i will be able to say that I was helped by a spell caster in bringing my ex boyfriend back to me after 3 years of no contact. I read about his voodoo spell from other websites and contacted him to help me and in less than 48 hours my ex boyfriend called me and I was happy that he wants to get back to me. We met on Friday and he proposed to me,... It was the most beautiful ring. Please everyone out here, Contact Doctor to solve your problem for you and make you happy with your relationship that is hurting you. Love is the best feeling ever experienced. Email him at drokaka18@gmail.com or WhatsApp number:+2348141972381.

    ReplyDelete
  24. Spell to fix your broken marriage or relationship problem or after a divorce or Breakup,I was recently scam by two of them, until one faithful day i meet a man called Dr Oselumen who help me to get back to the father of my kid after we have been separated for two years,I only pay for the items required for the spell and he cast the spell for me within 24hours my ex husband called me and beg me to forgive him for everything until the end of the world he will never leave me again we are back together.if you need a real and quick love spell or you are passing through pregnancy problem Dr Oselumen is the answer, Please if any body needs. LOVE SPELL,LOTTERY,PREGNANCY SPELL, DIVORCE SPELL,STOP COURT CASE AND WIN ANY COURT PROBLEM,DEATH SPELL,BUSINESS SPELL AND MANY MORE YOU MAY NEED. Email him now for your own help. via email droselumen@gmail.com add him on whatsapp line or call +2348054265852.

    ReplyDelete