This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony With Child Support In Cuyahoga
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Multi-State
County:
Cuyahoga
Control #:
US-00004BG-I
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FAQ
Understanding Different Alimony Types in Ohio Spousal support is not automatic in Ohio. A judge will decide if your situation qualifies for financial support. Judges may order temporary or permanent support.
The standard of living each spouse enjoyed during the marriage. The level of education each spouse earned. Any debts or assets each spouse owns. Whether or not either spouse helped the other earn an increased income, receive a professional degree, education or training during the marriage.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
A fairly common amount of spousal support is two thirds of equalization. As an example, say spouse #1 has an income of $50,000 per year and that spouse #2 has an income of $14,000 per year. The difference in their incomes is $36,000. One-half of that amount is $18,000 or $1,500 per month to equalize their incomes.
How Is Alimony Calculated in Ohio? Each spouse's incomes, including any income generated by property. The earning ability of each spouse. How old each spouse is, and how healthy they are (emotionally, mentally and physically) Any retirement benefits each spouse will receive/receives. How long the marriage lasted.
There is no specific formula in Ohio for calculating temporary support awards. The court must use its discretion, taking into account each spouse's earning capacity and other resources while the divorce is pending. The court should strive to maintain the financial status quo despite title or ownership.
Ohio isn't a community property state. Instead, Ohio follows what's known as the "equitable distribution" model for dividing assets and debts during a divorce. However, unlike many other states that use this model, Ohio requires judges to divide a couple's marital property equally, unless that would be unfair.