Obligations of Support
A legal marriage separation comes with a handful of important decisions that the court must determine. Can an annulment be given? Should alimony be awarded? Who should retain control of marital property?
Not only do a lot of factors bear weight in the conversation of determining post-marital support, the laws of Ohio require spouses to adhere to this marital obligation as well. Ohio Statute § 3103.03 requires each spouse in a marriage to support the other with either property or labor.
The requirement also includes an obligation to provide for any minor children. In Ohio, the biological or adoptive parents of a minor child must care for that child through housing and labor. As long as he or she attends an accredited high school on a full-time basis, the parent must provide support.
These sorts of rulings can be difficult to determine. There are a multitude of circumstances that must be observed. Not to mention the obligation of support is very serious in the state of Ohio. For these situations, the legal help of an experienced, Ohio family law attorney can help.
Attorney for Obligations of Support in Columbus, Ohio
If you or a loved one is in need of legal advice regarding an obligation to support, either a spouse, a child, or both, please contact an experienced family law attorney at Joslyn Law Firm today. Additionally, if you or someone you know has been ordered to pay an obligation of support and is having difficulty fulfilling that obligation, call the attorneys at Joslyn Law Firm. We can provide more information and clarify your legal options.
These cases may often seem impenetrable or difficult to assess, but an attorney with years of experience can help navigate the complex issues surrounding an Ohio divorce. Joslyn Law Firm has fought for hundreds of clients in the Columbus, Ohio area.
If you need legal advice anywhere in Franklin County, Ohio; or in Delaware County, Pickaway County, Madison County, Licking County, or Fairfield County; contact Joslyn Law Firm today.
Do not let the Ohio court of common pleas decide your fate without a fight on your behalf. These ruling could have potentially life-altering effects.
Overview for Support Obligations in Ohio
- Obligation of Support Process
- Alimony & Pre-Martial Spousal Support
- Calculating Spousal Support
- Additional Resources
Deciding an Obligation of Support in Ohio
Ohio Laws and rules require that individuals who have chosen to marry or have children have an obligation to support each other. In a marriage, both spouses must support the other with property or by labor, and if one cannot, the other must assist. Additionally, married individuals have a responsibility to care for any shared minor children.
Under certain circumstances, if a married person does not provide the support, the other party may supply one of the spouses the necessary support. That paying person may then legally attempt to recover the reasonable value of the supplied necessities from the person who neglected the obligation to support.
If a parent were to neglect to support his or her child, then again, a person may in good faith provide that child with necessaries and legally attempt to recover reasonable compensation from the neglectful parent.
Alimony and Post-Martial Spousal Support
Just because a marriage has been legally dissolved does not necessarily mean a person can forgo his or her obligation of support. When a divorce is finalized, the Court of Common Pleas may award permanent or temporary spousal support. The court attempts to award support that is both appropriate and reasonable, and which has no bearing on the sex of the party that will give or receive the support.
The court considers a number of determining factors when deciding what type and how much alimony is appropriate. Below is the list the court adheres to for determining fair compensation:
- The income of all parties, including property divided and distributed through divorce;
- Earning abilities of each party;
- The ages and the physical, mental, and emotional conditions of each party;
- The retirement benefits of the party;
- The duration of marriage;
- The extent to which the party can seek employment due to custodianship of a minor child;
- The established standard of living of the parties during marriage;
- The extend of education with each party;
- The 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 seeking alimony to acquire education, training, and job experience;
- The tax consequences for each party due to award of spousal support;
- The lost income production capacity of each party resulting from legal separation;
- Any remaining factor deemed appropriate by judge to the case.
Calculating Child Support Obligations
Under Ohio law, a biological or adoptive parent must provide support for his or her child. Although caring for your child is usually cut and dry outside of the court. However, when there has been a divorce or dissolution of marriage, the court may order the parents to support the children. This includes the medical needs of the child.
One of the major factors in determining child support comes from the allocation of parental rights and responsibilities. In any legal separation, the court, after considering the circumstances of the case, will decide parental rights. A parental rights determination examines who will be in charge of the children or if there will be shared parenting.
After determining the child’s best interest, the court will then decide the amount of child support that will be paid to the pursuant. The court will calculate the financial obligation in accordance to the state’s basic child support schedule and the applicable child support worksheet.
These decisions take into account the number of children affected by the divorce or the separation and the combined gross income of the parties. Ultimately, because so many factors are at play when deciding child support, it is imperative to find an extremely experienced family law attorney if ever confronted with a suit.
Ohio Revised Code | 3103.03 – Visit LAWriter for the official listings of Ohio’s rules and statutes including obligations of support, alimony determination, and child support factors.
Ohio Revised Code | 3119 – Learn more about the specific intricacies surround child support in the state of Ohio at LAWriter, which provides a comprehensive database of Ohio’s rules and regulations.
Ohio Child Support Calculator – Visit the official website for Ohio’s Department of Job and Family Services to learn all there is to know about child support in the state. Because determining child support can be a difficult procedure, you can see what a rudimentary calculator would deem appropriate according to financial earnings and more.
Find an Obligation of Support Attorney in Franklin County, OH
It can be an exceedingly difficult moment in one’s life to split with a spouse, or even to be involved in a lawsuit against a family member or former spouse. These proceedings occur often, and should not interfere with a just result. Cases like these can have lasting impacts on you and those involved.
If you or a loved one are involved in an obligation of support case in the Columbus area, do not hesitated to give Joslyn Law Firm a call. The attorneys at Joslyn Law Firm have years of experience dealing with divorces, alimonies, annulments, support payment and more.
Joslyn Law Firm know how trying a case of this manner can be. But that does not mean the attorneys at Joslyn Law Firm will not fight until the end. If you have any questions about an obligation of support case in Columbus in Franklin County; Delaware in Delaware County; Circleville in Pickaway County; London in Madison County; Newark in Licking County; or Lancaster in Fairfield County; find the help you deserve.
Contact Joslyn Law Firm today at (614) 420-2424 for a free consultation.
This article was last updated on September 21, 2018