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  1. #1
    Join Date
    Dec 2008
    Posts
    2

    Default What bills should be included in spousal support

    My wife and I are just beginning the divorce process. We were married (14) years in October, 2008. She left the workforce, college degreed, ten years ago to raise our two children. We're trying to do this with minimal legal assistance. We live in Ohio. My question as it pertains to spousal support are: what monthly bills should be considered? We're trying to negotiate support right now and I'm wondering what should be included to calculate a monthly spousal support payment. Credit card bills, car pmt & medical insurance are what I'm specifically wondering about. Furthermore, can I assume when this is finalized, I may be able to write two checks only? One for spousal support and one for child support. Additionally too, what would a standard time frame for me to agree to for paying a spousal support payment?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: What bills should be included in spousal support

    Ohio is an equitable distribution state meaning that everything is split 50/50.
    As far as spousal support, that depends. Its really best that the parties agree and it also depends on if there were unusaul circumstances (adultry, abuse, etc). If an agreement can't be reached, then the court determines it. Here is what they take into consideration:

    The court of common pleas may award reasonable spousal support to either party. 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:

    The income of the parties, from all sources.
    The relative earning abilities of the parties.
    The ages and the physical, mental, and emotional conditions of the parties.
    The retirement benefits of the parties.
    The duration of the marriage.
    How appropriate it would be for the custodial parent of a minor child of the marriage to seek employment outside the home.
    The standard of living established during the marriage.
    The relative extent of education of the parties.
    The relative assets and liabilities of the parties.
    The contribution of each party to the education, training, or earning ability of the other party.
    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.
    The tax consequences, for each party, of an award of spousal support.
    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.
    [Based on Ohio Revised Code Section 3105.18]

  3. #3
    Join Date
    Dec 2008
    Posts
    2

    Default Re: What bills should be included in spousal support

    With that said, how would I quantify each of the above criteria. For example how much more would be awarded per each year of marriage? Additionally she has a masters in creative writing which we financed during the course of the marriage. This degree has seemed to produce little income but it has got her foot in the door for other jobs. She presently is fulfilling prerequisites for nursing school. I feel I've fulfilled my obligation for her MFA. Should I also have to supplement her income for nursing school? This is to me a personal career choice and not a mandatory one. When she has to declare her support as income should that be factored in beforehand? Or will that be her obligation to pay after the fact at years end? Would it be fair to negotiate a time frame for spousal support based on her expected return to the work force? I've suggested she may want to start looking rather soon. She's intimated she may be inclined to see school through and I pay support in the meantime. Which of course would be higher since she'll have no income.

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: What bills should be included in spousal support

    This is why you need a lawyer. It's not recommended that you do this between each of you. We don't know the specifics of your marriage or your divorce. State your arguement to your lawyer and have him/her get you the best deal.

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