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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> OH
Jan 24
2010

Ask a Divorce Lawyer: Why can't I pay child support directly to my ex? Why do I have to pay the county to do it?

Posted by Matt Allen in OH , Jennifer Paine , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question: I live in Ohio and pay child support, which I have no objection to paying the court-ordered support. The payments go through the county and then they pay my ex-wife. The charge every month is $25 for processing. 

Can I just pay her direct and avoid the processing fee? It is not a large monthly amount but added up over 15 years it is a nice sum and I would rather she gets that or it goes into a college fund. 

How can I change this?

Dec 07
2009

Ask a Lawyer: Chlld Support Computation worksheet

Posted by Dads Divorce in OH , Maintenance , Child Support , Ask A Lawyer

Question:

My soon to be ex-wife has filed for dissolution of marriage in Ohio. I received a document of the separation agreement which is saying that I need to pay $ 959.15 a month for child support. The annual interpolated value of support is $ 13,127.99. Why am I being ordered to pay almost 80-90% of this value a month and she is paying almost nothing? Is there anything I can do about this? Also, she sent me a message that she wants me to send her money weekly for daycare for my son before the child support kicks in. Should I pay or wait until the child support order begins?

Answer:

I am not licensed in Ohio. You should also contact an Ohio licensed attorney. Did you attend a hearing or in anyway participate in the calculation of support? The only way to know if the amount is correct is calculate the support. You may be paying 80% if Ohio uses an income share model and your income equals 80% of the total income for both you and your wife. Do not send money for daycare unless it is part of the court order. It is likely that daycare was factored into the child support calculation.
Nov 07
2009

Ask a Lawyer: Spousal Support

Posted by Dads Divorce in OH , Maintenance , Child Support , Ask A Lawyer

Question:

I was married 18 years. 3 children - the last one just graduated high school. Wife has LPN license, but has not worked full time for many years, she mostly worked in home care under the table. I filed for divorce in June 2006. She was already on probation for a theft charge. To make long story short, she was arrested on a felony drug theft charge, had a DUI & several other traffic violations in a short period of time, lost her driver's & nursing license & spent 6 months in correctional facility. I was awarded custody of son & house. Now she is out & wanting $1500/mo in support & her attorney fees paid. She lives w/her sister & works 20 hours/wk at $8/hr. She says she can't find anything else. Her divorce attorney is also criminal attorney. My question is will the court look at the circumstances preceding & during our divorce to determine support? My understanding of spousal support is that it avoids an unfair economic consequence of divorce. The divorce was not the source of her financial problems, her drug problem was. Any advice would be helpful.

Answer:

I am not licensed in Ohio and a determination of spousal support will based on the laws of Ohio. You should also seek the advice of counsel in Ohio. Spousal maintenance is usually at the discretion of the Court. You make a valid argument that her financial problems are of her own making. At the very least maintenance should be determined based on what she would be making as an LPN not on her current earning ability.
Oct 05
2008

Ask a Lawyer: I'm not a deadbeat dad!

Posted by Dads Divorce in sums due , OH , motion , Modification , Maintenance , Child Support , Child Support , Ask A Lawyer , arrearage

Question:

I am desperate! My divorce was in Ohio, but I currently live in New York. My child support payments were based on my salary at the time of the divorce. My problem is that my salary was decreased considerably since then and I am struggling to make my child support payments. 
Jun 07
2007

Ask a Lawyer: Marital Gifts

Posted by Dads Divorce in OH , Maintenance , Child Support , Ask A Lawyer

Question:

My spouse's father gifts his daughter and other children stock from his company numerous times during the marriage. This gift is documented by his tax accountant. During the duration of a 23 year marriage the couple files joint tax returns paying income tax on money received from the stock. The father relinquishes all of his remaining stock to his family. After a period of a few years the company which is now completely owned by the family members switches the company to an S-Corporation. Does this change in status possible change the status of the gifts? Does it possibly make it marital property instead of seperate property.

Answer:

Allow me to preface my answer with the statement that I am not licensed to practice in Ohio. I am unaware of any law that would alter these gift transfers based upon what type of property is gifted.
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