Divorce | Property Division | Custody/Child Support Issues | Spousal Support
Divorce
How much does it cost to get a divorce?
The cost of a divorce is determined by the complexity of each individual case. The more issues in dispute and the more complex the case, the higher the cost. However, Rieth & Antonelli offers a staff well prepared to complete your case in the most efficient and cost effective manner possible.
What is the difference between divorce and dissolution (annulment)?
A dissolution is a process which contemplates the parties working together to structure a complete settlement agreement resolving all issues regarding real estate, division of assets/debts, child/spousal support and parental rights and responsibilities in advance of filing the Petition for Dissolution with the court. As a dissolution is resolved by agreement, it is ordinarily the quickest and therefore most cost effective way to terminate a marriage.
A divorce on the other hand is typically a more adversarial proceeding whereby one spouse files a lawsuit against the other seeking termination of the marriage, a division of the marital assets and/or debts and, if applicable, the allocation of parental rights and responsibilities. Because a divorce is a lawsuit, it necessarily involves the court in resolving disputed issues and is, as a rule, a more lengthy and expensive process than a dissolution.
How long will it take?
If you and your spouse are able to terminate your marriage by a dissolution, the final hearing will be scheduled approximately 45-60 days after the filing of the Petition for Dissolution.
As a divorce is more complicated and therefore more time consuming, it is difficult to accurately predict the length of time the divorce process may take.
Can one attorney represent both people (parties)?
Divorce and even dissolution are adversarial proceedings. Therefore, an attorney can ethically represent only one party.
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Property Division
Am I entitled to a portion of my spouse's pension benefits or retirement?
Retirement and pension benefits accumulated during the marriage, like real estate and bank accounts are considered to be marital assets. You are entitled to an equitable division of any pension/retirement benefits earned during the marriage.
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Custody/Child Support Issues
Who is responsible for paying child support?
According to Ohio law, a child’s biological parent, a man determined to be a child’s natural father, an adoptive parent, or a parent who acknowledged paternity, has a duty to financially support the child.
How long does the duty to pay support last?
Generally, a parent ordered to pay support must pay until the child reaches the age of eighteen and graduates from high school, or is otherwise emancipated prior to age eighteen; however, the obligation will continue beyond the age of eighteen if the child continuously attends high school on a full time basis, but definitely terminates at the age of nineteen (19). If the court deems that the child is mentally or physically disabled, the duty to support may continue beyond the age of eighteen.
How much child support will I have to pay, if any? And how is this determined?
The Ohio Revised Code provides a statute-based formula as to how to determine the presumptively correct amount of child support. In order to determine the amount of child support appropriate in your case, this formula will be applied using a number of factors including the number of minor children, income of both mother and father, amount of necessary out-of-pocket expenses to provide health insurance for the children, cost of daycare, as well as many other factors.
What happens if someone’s financial situation changes (mom or dad)?
The court may modify the amount of child support at any time if a change of circumstances occurs. This change must be “material” and must have not been contemplated when the last support order was issued. The court will determine if a change of circumstances has occurred and, if it has, the appropriate new amount of support. In order to request such a modification, an individual can file a Motion to Modify Child Support with the court or with the Child Support Enforcement Agency (CSEA). The court, or CSEA, will recalculate the amount of support and if the recalculated amount is more than ten percent greater or ten percent less than the amount of child support that is required to be paid pursuant to the existing child support order, the court will view such amount as a change of circumstances substantial enough to require a modification of the support order.
What about medical expenses and health insurance for the child?
In addition to child support orders, the court will order that either, or both of the parents provide for the health care of the child. Either or both of the parents may be required to pay any health care costs that are not covered by insurance. The court may use a formula such as the relation of the incomes of the parties to order one or both of the parents to pay uncovered medical expenses.
How can I ensure that I receive my child support?
When a court issues an order of child support, it also must issue a withholding order. This withholding order allows support to be secured in one of three ways. Most commonly, the court will issue a wage order, which allows for the garnishment of wages or bank accounts. Self-employed persons may have a bond order issued, which requires the person ordered to pay support to post a cash bond to be used if they miss a payment. Unemployed parents may have a reporting order issued, requiring a parent to report their efforts to obtain employment and report any income received.
Additionally, the agency that handles child support, the Child Support Enforcement Agency (CSEA), may take certain sources of income to meet past due support obligations. Examples of such income include tax refunds, worker’s compensation benefits, social security funds, company bonuses or similar lump sums of money.
To ensure that a parent pays his or her child support obligation, the law now prohibits renewal of certain licenses, such as drivers’ or professional licenses, for those who are delinquent in paying support.
Should you have additional questions regarding child support, an attorney can help you with finding an appropriate solution in your particular situation.
What is Shared Parenting?
Shared parenting is an arrangement whereby the mother and father share the parental rights and responsibilities and agree that both parents will play an active role in raising the child(ren). In cases where shared parenting is appropriate, a Shared Parenting Plan which includes provisions covering all factors that are relevant to the care of the child(ren), such as, physical living arrangements, child support obligations, provisions for the children's medical and dental care, school placement, and the parent with which the child will be physically located during the legal holidays, school holidays, and other days of special importance is submitted to the court for approval. The approved Shared Parenting Plan then acts as a guideline in both parenting the children and resolving disputes.
"I have been divorced for 2 years and have been paying child support for my two children. I know for a fact that she is making a lot more money than before and I think there is enough to change the amount of support I am paying. What can I do?"
In order to seek a modification of child support you must be able to demonstrate a substantial change in circumstance. In order for your ex-wife's increased income to raise to the level of a "substantial change" in income justifying a modification, it must result in a 10 percent change in your child support obligation.
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Spousal Support
What factors are considered by the court in determining spousal support?
Spousal support is determined by taking a number of factors into consideration, including the age and income of the parties, duration of the marriage, standard of living during the marriage, relative earning abilities of the parties and any other factor that the court expressly finds relevant and equitable.
"My spouse is having an affair. What are my rights? Can I make him/her move out?
Although adultery is a legally recognized ground for divorce, it does not give you the right to force your husband to vacate the marital residence. In fact, absent domestic violence, you cannot force your husband to move out of the marital residence. There are, however, provisions in the law which allow the removal of a spouse from the marital residence in situations such as where a spouse has been absent from the marital residence for more than thirty days, the spouse has committed an act of domestic violence or has engaged in conduct which is likely to create an environment which significantly endangers the spouse and/or the minor children.
"My husband left me and our children a couple of weeks ago and he hasn't given me any money. I work but don't make enough to pay the mortgage, other bills and feed the kids. How can I make him support us?"
You can file a Complaint for Divorce together with a Motion for Support Pendente Lite. The court will schedule a hearing where a determination will be made as to the correct amount of child and/or spousal as well as who will be responsible for the bills.
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