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  1. #1
    Join Date
    Aug 2010
    Posts
    4

    Default Influence of Fault on Support

    My question involves divorce in the State of Ohio:

    Here are the facts, thanks all for your help:
    Please let me know if you need more details. I'm more than willing to provide them. Thank you.

    Marriage less than 4 yrs, one son (3), only hubby works, I am home with the boy and take care of the house, we don't own property (we rent)

    Alimony? Child support? Custody? Fault/no fault laws?

    My husband has an affair. I have no evidence (yet) that I could use in court, if that is even possible/legal/of interest.

    Should I even bother hiring a PI, would any evidence even make a difference in terms of fault/no fault, alimony and such?

    I know I need consultation w/ attorney, but if anyone has a little insight, I would be very thankful.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Influence of Fault on Support

    Alimony will be minimal, if any at all, since you've been married less than 10 years. His alleged affair has no bearing on custody.

    Going the no-fault route would be more expedient, since you don't have any concrete proof of fault.

    You need to get in to see an attorney.

  3. #3
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Influence of Fault on Support

    Thanks for your reply!
    I'll definitely get in touch with an attorney soon. I'd just like to gather some evidence first.
    Could my role as a stay-at-home-mom weaken my position, to an extent where the judge decides in favor of my husband as far as custody is concerned? Is it likely that he/she believes the child would be better off living with his father, because he has a safe income? He makes 66k/year.
    I have a degree in marketing, but have never worked in that field. I've been looking for a job frantically, but to no avail. If I'm lucky, I can go clean houses for 10$/hour. This is why alimony would be great for a certain period of time, until I find a real job. Otherwise I don't know how to afford rent and food for my kid.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Influence of Fault on Support

    Money really isn't going to affect custody unless you actually become homeless and unable to care/feed kiddo; what's more important is who has been the child's primary caregiver. That would be you

    Very generally speaking, the primary caregiver will remain the custodial parent outside of a 50-50 timeshare agreement.

    I honestly cannot see you getting any alimony and if you do, it would be as Missy said for a very short period of time.

  5. #5
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Influence of Fault on Support

    Quote Quoting LawResearcherMissy
    View Post
    Alimony will be minimal, if any at all, since you've been married less than 10 years. His alleged affair has no bearing on custody.

    Going the no-fault route would be more expedient, since you don't have any concrete proof of fault.

    You need to get in to see an attorney.
    What is a concrete proof of fault then?
    I could afford a PI, but I don't know if it's going to be worth the money if the court doesn't accept details on infidelity. I know OH is a no-fault state, but in some cases fault is an issue. I don't understand the rules here. Guess it all depends on the judge. Which means, I can't prepare for anything.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Influence of Fault on Support

    What is a concrete proof of fault then?
    Photos of him out with his mistress. Witness testimony. Texts or letters between the two of them.

    I understand that fault is involved. But sometimes, it makes more sense, costs less money, and takes less time to just go for the no-fault divorce. You don't really want to have all of your personal business made a part of the public record just to punish your philandering husband, do you?

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