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  1. #1
    Join Date
    Jun 2005
    Location
    Columbus, OH
    Posts
    1

    Default Calculating Spousal Support for Ohio?

    Does anyone know how to calculate spousal Support in Ohio? I cannot find it anywhere.

    Here is the info concerning our marriage:
    Married for 23 yrs
    I am 41 and my wife is 42.
    She has always worked part time while our kids where young, now they are 15 and 18 she is working two part-time jobs making around $28000, I make around $87000.
    Concerning the divorce if it matters, she was cheating on me while we were doing marriage counseling to save the marriage I thought, I caught her, she then filed for divorce.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Ohio Spousal Support (Alimony)

    Spousal Support in Ohio is determined by the judge, as outlined in the following statute:
    Quote Quoting Ohio Revised Code ยง 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.

    (H) In divorce or legal separation proceedings, the court may award reasonable attorney's fees to either party at any stage of the proceedings, including, but not limited to, any appeal, any proceeding arising from a motion to modify a prior order or decree, and any proceeding to enforce a prior order or decree, if it determines that the other party has the ability to pay the attorney's fees that the court awards. When the court determines whether to award reasonable attorney's fees to any party pursuant to this division, it shall determine whether either party will be prevented from fully litigating that party's rights and adequately protecting that party's interests if it does not award reasonable attorney's fees.

  3. #3
    Join Date
    Oct 2005
    Location
    WM 36 in Cincinnati, Oh with 2 kids
    Posts
    1

    Default Similar situation

    I see that someone provided the legal answer. Did you find out more information elsewhere? What happened? I am in a very similar situation and I am looking for advice. I have not told her I know about the cheating. I want to learn more before I do. Can you help?

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