Financial Support Issues in a Divorce
During or after a divorce, one party may have financial obligations toward the other spouse in the form of child support or spousal support. The courts have a great deal of discretion in the application of the law to the unique facts and circumstances of individual cases. Whether you must pay support or are entitled to receive it, it is important that the amount and duration of support is accurately set.
At the Kelly Law Office, in Columbus, you will find a lawyer who can skillfully assist you through the child support or spousal support process at fees that are very reasonable. You will find an attorney who will be by your side from start to finish, ready to answer your questions or just listen. Contact our law firm to set up your free initial consultation.
Addressing Child Support
In Ohio, there is a statutory formula that is used to determine the amount of child support a parent will be ordered to pay. The courts have discretion to deviate from this formula in the appropriate circumstances and have become increasingly willing to do that. The courts look to a number of factors to determine whether a deviation is appropriate. One factor that has increasingly become a basis for a child support deviation is the amount of time children spend with each parent. Because of a trend towards shared parenting and parenting schedules in which the children spend nearly and equal amount of time with each parent, the issue of whether a deviation from the child support guidelines is appropriate and the amount of the deviation has become a more commonly contested issue.
At our law firm, you will find an attorney who is experienced at explaining and litigating these complex child support issues as well as the other issues in your divorce and custody matter.
Spousal support, also known as spousal maintenance or alimony, is payment to an ex-spouse temporarily while a divorce is pending and/or after a divorce. There is no formula that determines whether or how much spousal support is appropriate. Instead, the court considers a variety of factors, including:
- Length of the marriage
- Income of each party
- Age and physical/mental condition of the parties
- Earning capacity of each party
- Established standard of living
- Relative assets and debts of each party
- Amount of education of each party
- Other factors the court deems appropriate and fair
These statutory factors have been interpreted by the appellate courts. We will assist you in understanding the application of these factors to your unique circumstances.
Because the court has a great deal of discretion in matters of spousal support, and judges are human beings with a wide variety of life experiences and opinions, it is important to know how your specific judge or magistrate will view your circumstances. With our experience in dealing with these individuals we will assist you in recognizing the range of likely outcomes that can be expected from your specific judge or magistrate in your specific situation.
There are generally four (4) components to a spousal support order:
1. The monthly amount.
2. The term or length of time that the spousal support payments will continue.
3. Jurisdiction to modify or whether the court retains the power to modify the amount or length or payment upon a change in circumstances.
4. Conditions to termination, or events that will cause the support to terminate prior to the pre-specified termination date such as: the remarriage of the spouse receiving the support (obligee), the death of either spouse or cohabitation of the obligee with a parmour.
If there has been a significant change in your circumstances after receiving a court-ordered spousal support amount, it may be possible to modify your agreement. We can help you analyze your situation and give you an honest assessment of your chances in court.
Many of our family law and other legal services are offered at flat or fixed rates. In this way you will know upfront how much your case will cost. If your case is contested, it can be difficult to predict the amount of time that will be expended to see the matter to its conclusion. In these situations, legal services will be provided on an hourly basis and a refundable retainer will be required. You will be kept apprised of your expenditures with itemized statements on a monthly basis or any other periodic basis at your request.
Free Initial Telephone Consultations
Are you ready to discuss your case with an experienced Columbus custody and spousal support attorney? Call us at 888-678-3075 or send us an e-mail.