Nancy L. Sponseller

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Support payments after an Ohio divorce

On behalf of Law Office of Nancy L. Sponseller posted on Sunday, September 21, 2014.

In many divorces, the couple will divide their assets pursuant to an agreement that they have negotiated. In some cases when the couple cannot come to an agreement, the court may order support payments from one party to the other. The court determines the amount of the payments and their duration based on many factors, including the couple’s standard of living while they were married.

The court will examine both parties’ financial situations to determine fair support payment amounts for a reasonable duration. The main aspects of this are the income and earning potential of each party. This includes any retirement, pension and 401k benefits that the parties are entitled to receive. The parties’ education levels and work experience greatly affect how the court calculates earning potential, and the court also factors in the time and money it would require for the recipient to gain the education and work experience necessary to compete in the job market.

Other important aspects are the length of the marriage and the age and health of both parties. The court may also consider the division of any assets along with the tax ramifications of this division and the support payments. If the divorce involves child custody, the court will also examine whether it would be feasible for the caretaker of the children to work outside of the home.

In any divorce involving spousal support, the large amount of factors can make the calculations very complicated. It is important for both parties to fully disclose all information that the court requires in order to make its determination, because failure to do so may constitute fraud.

Source: Divorce Support, “Ohio Spousal Support/Maintenance/Alimony Factors“, September 15, 2014