Ohio

Marriage & Family Law Home

How Does Alimony Work?

In the state of Ohio, during divorce or legal separation proceedings, a party may request spousal support, otherwise known as alimony payments. ....... Click here to get more info on Alimony

What is Classified as Gross Income?

”Gross income” is the total of all earned and unearned income from all sources during the calendar year, whether or not the income is taxable, and includes income from salaries, wages, overtime pay, and bonuses; commissions; royalties; tips; rents; dividends; severance pay; pensions; interest; trust income; annuities; social security benefits,

Including retirement, disability, and survivor benefits; workers’ compensation benefits; unemployment insurance benefits; disability insurance benefits; benefits that are not means-tested and that are received in the possession of the veteran who is the beneficiary for any service-connected disability under a program or law administered by the United States department of veterans’ affairs or veterans’ administration; spousal support actually received; and all other sources of income.

“Gross income” does not include any of the following:

• Benefits received from means-tested government administered programs (Ohio works first, prevention, retention, and contingency, means-tested veterans’ benefits, supplemental security income, supplemental nutrition assistance program, disability financial assistance, or other assistance that is means-tested)



• Benefits for any disability relating to military service under a program or law through the department of veterans’ affairs that is not means-tested, that have not been distributed to the veteran who is the beneficiary, and are in the possession of the United States department of veterans’ affairs



• Child support received for children who were not born or adopted during the marriage in question



• Amounts paid for mandatory deductions from wages such as union dues but not taxes, social security, or retirement in lieu of social secur ....... Click here to get more info on Child Support

In Determining Custody, What is Considered the Best Interests of the Child?

In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

• The wishes of the child's parents regarding the child's care



• If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child's wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court



• The child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest



• The child's adjustment to the child's home, school, and community



• The mental and physical health of all persons involved in the situation



• The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights



• Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor



• Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offen ....... Click here to get more info on Custody

What Are the Grounds for Divorce?

In Ohio a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery



• cruelty/violence



• desertion



• alcohol addiction



• imprisonment



• fraudulent contract



• the other party pr ....... Click here to get more info on Divorce

How are Visitation Rights Granted?

Ohio law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:

• The child’s wishes (if he or she is found to be of an appropriate age and maturity to decide



• The wishes of the parents



• The child’s relationship with each of the parents, as well as siblings or other members of the household in ....... Click here to get more info on Visitation

How is Equitable Division Defined?

Under Ohio law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.

Courts will consider the following factors:

each spouse’s share of the marital property; monetary; the economic circumstances of each spouse; the conduct of each spouse; the value of the marital property and whether each spouse will support minor children.

Al ....... Click here to get more info on Property Division