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Nov 07
2009
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Ask a Lawyer: Spousal SupportPosted by Dads Divorce in OH , Maintenance , Child Support , Ask A Lawyer |
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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
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.
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.
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.
Question: Help, I am trying to find a low cost way to get custody of my child. Her mother was just in court yesterday for the findings of child molestation that took place in her home inflicted upon one or all of her girls by a step-brother. He was removed from the house and they let her take the girls back into that same environment. The mother has a criminal record and is a known drug user and alcoholic. I have moved from FL to NH to get closer to my daughter so I can see her. As I lived in FL I saw her once for 2 days. After moving to NH I was able to see her for 20 minutes and we had to be sly to get the mother to go over to my mother
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