Child and Spousal Support

Child and Spousal Support Attorneys Mentor OH

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Client-Focused Family Law Attorneys Dedicated to Solving Complex Challenges

Child and spousal support issues tend to be – very understandably – emotionally charged in nature. This reality is what it is, in part, because the area of law that governs these issues is often misunderstood. As a result, working with a legal professional who has extensive experience navigating both straightforward and complex support matters can empower individuals to make informed decisions about their rights and responsibilities.

The financial consequences of divorce or separation go far beyond the immediate end of a relationship. If there are children involved, or if one spouse has depended financially on the other during the marriage, financial support becomes crucial for moving forward. It is essential for anyone going through a family transition to understand how Ohio law handles these issues.

  • After interviewing a few different attorneys in the area for my divorce, I hired Jon Axelrod in 2008. [With] the other attorneys I consulted with, I felt like a number / meal ticket. I was going through a very difficult time. They acted more concerned about the retainer fee than the welfare of my family. Jon treated me with compassion & was genuinely concerned for the safety of me & my boys. Over the years I have sent many referrals & consider Jon not only as my attorney but as a friend. Jon Axelrod cares & will stand by our side ’til the end.

    Jackie


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Spousal Support Concerns

In Ohio, spouses can mutually agree to divide the value of their marital estate however they wish. Choosing to include spousal support terms in a divorce agreement voluntarily may allow one spouse to benefit from ownership of valuable property while allowing the other to benefit from income for a time.  

In the event of a contentious divorce, a judge may award spousal support in the form of installment-based income, a gross financial award, or even real property. Ohio is an equitable distribution state, which means that the value of a couple’s marital estate may be divided disproportionately if an award other than 50/50 would produce a fair result. In contentious divorces, spousal support is often awarded to “level the playing field” between spouses who earn very different income amounts.

The duration and amount of spousal support in Ohio depend on several factors that are carefully considered by courts. These factors include: the length of marriage, income and earning capacity of both spouses, age and physical condition, retirement benefits and standard of living during the marriage. Courts also take into account whether one spouse supported the other through education or training and contributions made to home life or career.

It’s important to note that spousal support in Ohio is not a guaranteed payment. Unlike child support, which has specific guidelines and formulas for calculating, spousal decisions involve significant judicial discretion. The court considers all relevant factors to determine an amount that seems fair based on the unique circumstances of each case. Therefore, two seemingly similar divorce cases could result in very different spousal payments based on the specifics presented to the court.

In both amicable and contentious divorce scenarios, carefully weighing the benefits and drawbacks of including spousal support as part of a divorce decree is essential to protecting the interests of both spouses.

Types of Spousal Support in Ohio

Ohio recognizes several types of spousal support arrangements. During divorce proceedings, temporary spousal maintenance may be awarded to help the lower-earning spouse maintain financial stability. This type of assistance ends when the divorce is finalized. Rehabilitation assistance assists a spouse in obtaining education or training necessary to become self-supporting, and typically lasts for a defined period. In cases involving long marriages, long-term or permanent assistance may be appropriate if one spouse cannot become self-sufficient due to age, health, or other circumstances.

Child Support Concerns

Each parent that maintains their parental rights in Ohio is generally required to contribute to their child’s financial needs. When parents spend an uneven amount of time caring for a child and/or they earn a disparate amount of income, one parent will be ordered to pay child support to the other.

Traditionally, a child’s non-custodial parent was tasked with paying child support. But, as nearly equal parenting time arrangements are increasingly common, it is possible that a higher-earning parent who spends slightly more time with a child under their care may be ordered to pay support to their co-parent.

While income-based formulas are the foundation of Ohio’s child support laws, judges can take parenting time share, childcare costs, unusually significant medical costs, and other special factors into consideration when crafting a child support order. Therefore, one of the benefits of working with an experienced attorney when addressing child support concerns tends to be an informed argumentation process wherein all the nuances of the state’s child support laws are taken into account.

Understanding Ohio’s Child Support Calculation Method

Ohio uses a standardized formula to calculate child support payments. The formula takes into account both parents’ incomes, the number of children in need of support, health insurance costs and child care expenses. This ensures that children continue to have a standard of living similar to what they would have if their parents were together. However, the calculation is not simple, as it is not just a percentage of one parent’s income.

Several adjustments can be made to the basic child support calculation. For example, if a parent has other children for whom they are paying support, this may affect the calculation. Also, extraordinary medical expenses, private school tuition, and other special circumstances can warrant deviations from the standard formula. In addition, when parents share parenting time equally, the support obligation can be adjusted to reflect that both parents are incurring costs of caring for the children during their time with them.

Modification of Support Orders

Both child support and spousal support can be modified if circumstances change significantly. For child support, changes in either parent’s income, the child’s needs, or the parenting time schedule may require a review and adjustment of the support amount. Ohio law allows parties to request a review every three years or sooner if circumstances have changed significantly.

Spousal support modifications are generally more difficult. If the original divorce or separation agreement specifies that spousal support can be modified, then it may be possible to make changes. However, if the parties agree that the support will not be changed, the courts typically respect this agreement. Significant life events, such as retirement, serious illness, job loss, or remarriage, can provide grounds for modification, depending on the terms of the original agreement.

  • Jon Axelrod has represented us on multiple occasions since 2009. He has always gone above and beyond our expectations of a lawyer. He made sure that he gave us more than enough time and attention to make sure we were at ease. Without his help it would have been difficult to make it through some very trying times.

    Robert

Enforcement of Support Obligations

When a parent or former spouse fails to pay child support as ordered by a court, Ohio has several enforcement mechanisms in place. The Child Support Enforcement Agency (CSEA) can help collect unpaid support by garnishing wages, intercepting tax refunds, suspending driver’s licenses, and even initiating contempt of court proceedings, which may lead to jail time for intentional non-payment. It’s important for individuals experiencing difficulty meeting their support obligations to seek a modification through legal channels instead of simply stopping payments, as unpaid arrears continue to accrue and can lead to serious consequences.

Learn More About Divorce and Marital Dissolution

Contact one of our Compassionate Lake County, Ohio Family Law Attorneys for a Free Case Evaluation Today

The end of a marriage or a romantic relationship in which partners share children is an inevitably expensive transition. As a result, both adults involved deserve to understand their rights and options with regard to spousal support and/or child support, as appropriate. That way, each of them can make informed decisions with regard to their personal responsibilities and future circumstances.

If you are interested in discussing your unique situation with one of our reputable attorneys, schedule a free legal consultation with an experienced Mentor, OH family law lawyer at Axelrod & Hellier Law Office today. During your risk-free, confidential case evaluation, you’ll be empowered to ask questions, receive personalized feedback, and learn more about our firm’s approach to representation. To get started, call our dedicated team at (440) 944-7300 or submit a contact form on our firm’s website. We look forward to speaking with you.

Common Child and Spousal Support FAQs

How is child support calculated in Ohio?

Child support is calculated using Ohio’s official guidelines, which consider both parents’ incomes, the number of children, and the parenting time schedule (overnights). The court can adjust the amount for specific factors like childcare costs, healthcare expenses, and special needs of the child.

Can a child support order be modified?

Yes. You can request a modification if there has been a substantial change in circumstances, such as a significant increase or decrease in either parent’s income, a major change in the parenting time schedule, or a change in the child’s needs. A formal court order is required to change the obligation.

What factors determine if spousal support (alimony) is awarded?

Courts consider factors like the length of the marriage, each spouse’s income and earning potential, the standard of living during the marriage, each spouse’s age and health, and contributions to the marriage (including as a homemaker). Support is not guaranteed and aims to achieve fairness.

How long does spousal support last?

The duration is set by the court or agreement and can vary widely. It may be awarded for a short period to allow a spouse to become self-supporting, for a term equal to a percentage of the marriage length, or, in some long-term marriages, indefinitely. Support typically ends if the recipient remarries or either party dies.

What happens if a parent fails to pay court-ordered support?

The owed support becomes a legal judgment. Enforcement actions can include wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, reporting to credit bureaus, and even contempt of court proceedings, which may result in fines or jail time.

Can child support and spousal support be addressed in an amicable divorce?

Absolutely. In an amicable divorce or dissolution, spouses can negotiate their own support agreements. Having an attorney draft or review the agreement ensures it is fair, complies with Ohio guidelines, and is legally enforceable once incorporated into the final court order.

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