posted by Attorney Monaco on Jul 19
In Ohio, spousal support is payment by the higher-earning spouse to the lower-earning spouse that is both for sustenance and for support of the lower-earning spouse. Spousal support can alternatively be payment to a third party for the benefit of the lower-earning spouse. In some jurisdictions, this is called “alimony.”
In Ohio, the court may award reasonable spousal support in divorce and legal separation proceedings at the conclusion of the case upon the request of either party and after the court determines the division or disbursement of property. The court may also award reasonable temporary spousal support to either party during the pendency of any divorce or legal separation proceeding. By agreement, spouses may include a spousal support provision in their dissolution case.
An award of spousal support may be allowed in real or personal property, or both, or by decreeing a sum of money, payable either in gross or by installments, from future income or otherwise, as the court considers equitable.
Spousal support terminates upon the death of either party, unless the order containing the award expressly provides otherwise.
posted by Attorney Monaco on Jul 19
In determining whether spousal support is appropriate and reasonable, the court is to consider all of the following factors:
(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed between the parties in the property division;
(b) The relative earning abilities of the parties;
(c) The ages and the physical, mental, and emotional conditions of the parties;
(d) The retirement benefits of the parties;
(e) The duration of the marriage;
(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
(g) The standard of living of the parties established during the marriage;
(h) The relative extent of education of the parties;
(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party;
(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
(l) The tax consequences, for each party, of an award of spousal support;
(m) The lost income production capacity of either party that resulted from that party’s marital responsibilities;
(n) Any other factor that the court expressly finds to be relevant and equitable.
posted by Attorney Monaco on Jul 19
It depends. In order to change the order, the court must have included in its order (or the parties in their agreement), a provision stating that the court retains jurisdiction to modify upon a change of circumstances. Sometimes the court orders or the parties only agree that the term of the order can be changed; sometimes the court orders or the parties only agree that the amount can be changed; and sometimes the court orders or the parties agree that both the term and the amount can be changed. “A change in the circumstances” of a party includes, but is not limited to, any increase or involuntary decrease in the party’s wages, salary, bonuses, living expenses, or medical expenses.
posted by Attorney Monaco on Jul 19
The spouse receiving spousal support (the “obligee”) can seek legal action in which the spouse paying support (the “obligor”) is found in contempt of court. If the court determines that the obligor is in contempt, the court typically gives the obligor an opportunity to comply with the court order and “purge” the contempt. If the obligor does not do so, the court can impose penalties such as jail time or fines. In addition, the court is to assess all court costs arising out of the contempt proceeding against the obligor and require the obligor to pay any reasonable attorney’s fees of the obligee that arose in relation to the act of contempt.