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  1. #1
    Join Date
    Apr 2007
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    4

    Question Ohio Spousal Support and Permanent Residents

    Hello

    Here are the details:
    Im 37. My wife is 35. My wife has 1 daughter age 10, 11 in June of this year. We met on the internet. I went to Japan, met her parents and after a few trips we were married. We will be married 3 years on May 14th. My wife and step-daughter came to America after I had because of waiting on the paperwork for their conditional visa. They arrived in Ohio November of 2004 so have been here about 2 and a half years and just recently got their permanent resident visas which last for 10 years. To make a long story short, my wife did not want to have to work when she came here and I said she didnt have to if she didnt want to. Unfortunately, do to some circumstances that arose, I did not make enough money to support our lifestyle. I ended up filing bankruptcy in 2006 (Her name WAS NOT on the bankruptcy) and it just went through in January 2007 of this year. My wife said she was fed up with this lifestyle and wants to file for a divorce now. I only make 7.00/hour here now and work overtime just to pay for the bills whenever I can, even after the bankruptcy. I know in Ohio you can do a divorce (where you go to court and the judge decides who gets what) a dissolution (which is uncontested and we decide who gets what) or an annulment (for illegal marriages such as bigomy). We decided to do the dissolution because that seems to be the cheapest way for us to go concidering our situation. However she thinks thinks that I should have to pay her alimony because she is a housewife and has a daughter to support AND she thinks that she should get 40% of whatever I make gross monthly. My wife does not get child support from her ex-husband in Japan and never has. It has never helped us. I feel sorry for her, but she is the one who wants to get the divorce. She plans on moving to Florida until the court hearing on the dissolution and staying with her ex-host family when she had come to America as a high school student and looking for a job there and taking my step-daughter with her. Do you think based on the circumstances I should have to pay alimony? This is the only thing dividing us. I cant afford (neither can she) a lawyer to do a normal divorce and fight it out in court, but I do not feel I should be responsible for her alimony either and I should have to agree to and put the alimony in writing in the dissolution paperwork we are planning on getting online. She said I shouldnt (nor do I believe I should have to) pay for child support because the child is not mine but she thinks I should have to pay alimony because she does have a child and doesnt have any employment. Im divided. Please any and all responses, solutions or recommendations would be greatly appreciated.

    Thank You

  2. #2
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    Default Re: Ohio Spousal Support and Permanent Residents

    Is she unable to work for some reason, be it medical or immigration-related?

  3. #3
    Join Date
    Apr 2007
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    Default Re: Ohio Spousal Support and Permanent Residents

    Quote Quoting Mr. Knowitall
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    Is she unable to work for some reason, be it medical or immigration-related?
    No, its not that she is unable towork do to a medical condition or anything related to her immigration visa. She can work. She did in Japan. She just doesn't. When we first came here her English wasn't very good and we live in a small town. She wanted to move to a bigger city and take ESL classes and then eventually work but we never got to that part after being here for over 2 and half years. When we were here she said her English was to poor to communicate with anyone, even if it was just stocking groceries or bagging groceries or something at a grocery store because she would have to communicate with someone eventually if they told her to do something. We communicate in English at home, though its not the greatest. I lived in Japan before when I was in the navy and taught English to Japanese children so I spoke Japanese at home also. Part of the problem for filing for the dissolution she said is that she is always under stress here because there are NO japanese. I live in a town of about 14,000 which she knew before she came here but she thought we would have moved to a bigger city before now where they would be more of an international community and opporutunity. There are alot of reasons for the dissolution but no- she can work, shes here legally with the permanent resident visa and its not like she has a disability that wouldnt allow her to work.

  4. #4
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    Default Re: Ohio Spousal Support and Permanent Residents

    Given your wage and her ability to work, I doubt that she would be a good candidate for an award of spousal support.

  5. #5
    Join Date
    Apr 2007
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    4

    Default Re: Ohio Spousal Support and Permanent Residents

    Quote Quoting Mr. Knowitall
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    Given your wage and her ability to work, I doubt that she would be a good candidate for an award of spousal support.
    I'm curious, if we decide together on who gets what in the dissolution..for example I agree to a percentage of my income until she gets on her feet.. since I agreed to it and signed the dissolution will most judged takes that as Ok you agreed to it, therefore you have to do it or will they still look at the situation be able to say ok well this doesn't seem fair and overide what we put in the dissolution? Im sorry to ask so many questions but Ive never been through a divorce before in the U.S. and I'm curious how it normally works or if anyone has been in the same type of situation and would be willing to share their story. Also as far as the alimony goes.. how does that work? I just send her the money with a copy of my pay stubs each month or is it taken out of my paycheck and sent directly to her? Again excuse my ignorance. I know alot of people are being hunted for child support etc for never paying, I just dont understand how they (the courts) know whether they are paying or not.

  6. #6
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Ohio Spousal Support and Permanent Residents

    If you agree to pay her spousal support and later wish to change your mind, at a minimum you should expect to be able to demonstrate a material change in your circumstances from the time you made the promise.

  7. #7
    Join Date
    Apr 2007
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    4

    Default Re: Ohio Spousal Support and Permanent Residents

    Quote Quoting aaron
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    If you agree to pay her spousal support and later wish to change your mind, at a minimum you should expect to be able to demonstrate a material change in your circumstances from the time you made the promise.
    I understand.. I think.. but I think you mean I would change my mind before we actually go to the hearing right? Thats not what I meant really. What i meant was lets say I agreed with my spouse to pay 40% of my earned income wages for 2 years. If we go to the hearing and the judge looks at the paperwork is there anyway the judge can say oh no thats way to high and decide to make it less or nothing at all or if I agree to it then I am bound by it unless like you said I can demostrate a material change in my circumstances from the time I made a promise. Actually im not sure what all the paperwork for a dissolution involves because I haven't even started that part of it yet, we will soon though. Do I need to show proof of my income for the dissolution or no or is each state different in that aspect? Im also still bewildered on how she gets the actual alimony? I just send it to her with a copy of my pay stub? What is she moves or moves back to Japan and I dont know where to send it? Sorry for all the questions.

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