Child & Spousal Support

Columbus, Ohio, Child Support Lawyer

When a couple gets a divorce, the family income that supported one household must now stretch to support two. Although finances are now stretched parents must continue to provide for the care and support of their children. To that end, the court must determine and order appropriate child support in the best interests of the children. The individual ordered to pay child support is called the "obligor" and the recipient is called the "obligee". As with the other aspects of divorce, it is important to have the advice of a well-qualified attorney during legal proceedings and a comprehensive divorce settlement that is structured to provide protection from unnecessary losses to taxation.

Ohio child support guideline calculator

Whether parents are divorced or have never been married, it is the responsibility of both parents to contribute to the child's support until the child is emancipated (deemed a legal adult). Usually, a child is deemed an adult if they are 18 years of age and have graduated from high school, however, there are exceptions to this definition. Ohio uses a statutory guideline to calculate child support based on the parties' combined gross income. "Gross income" is broadly defined; however, it is generally defined as income received from all sources. There are exceptions to what constitutes "income" for child support purposes, such as income a party receives from "need based assistance". Each case is different and it is important to understand and quantify the one's income for purposes of determining child support obligations. Factors include the child custody and visitation arrangement, the income of each parent and the costs of group health insurance and day care. A judge might vary from the guideline calculation, however, based on special needs or circumstances. Child support is always open to the possibility of modification if there is a significant change in circumstances.

Ohio spousal support (alimony)

Spousal support (alimony) is not granted automatically. A spouse seeking spousal support must specifically request it in an initial pleading. Whether to grant spousal support will be considered by the court only after the court first divides the marital assets and debts between the parties. Thereafter, the court will consider spousal support by first determining if it is "necessary" and, if so, what amount would be "reasonable". "Necessary and reasonable" is a flexible standard that is applied differently depending on a number of factors, including the length of the marriage, the health, education and earning potential of each party, among other things. In a high-asset divorce, it is important to coordinate the payment of spousal support, child support and division of retirement assets and marital property in a way that does not result in unexpected tax or financial distress.

For example, a spouse who was a stay-at-home parent raising the children, is likely unable to sustain the lifestyle enjoyed during the marriage. A person who developed a disabling condition during the marriage may also be entitled to extended or permanent spousal support after divorce. Spousal support can be ordered for only a few months or for an extended period of time, depending on the circumstances. Once spousal support is ordered, the court can either retain jurisdiction over the spousal support issue in order to possibly modify the amount or duration at a later time, or not retain jurisdiction to modify spousal support at a later time. Any modification of a court order means that one of the parties wants the court to revisit the original divorce order, due to a change in the parties' circumstances.

If you would like to speak with me about child support or spousal support, please call (614) 461-5708 or e-mail my Columbus, Ohio, office for a free consultation. I accept credit cards, and can meet with clients at out-of-office locations on evenings and weekends. As your attorney, I will see that you have all of the information you need to make good decisions and proceed with confidence.

Dirk D. Winkler, Columbus, Ohio, Child Support Attorney