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.
Types Of Alimony In Cuyahoga
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Multi-State
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Cuyahoga
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US-00004BG-I
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FAQ
While there are no set guidelines for determining spousal support payments in Ohio, the law requires the courts to assume that both spouses contributed equally to the marriage, whether that contribution was financial or caring for their children and the home itself.
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.
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.
There are two basic types of alimony that are recognized in our state: temporary alimony and permanent alimony. Temporary spousal support covers the period between the divorce filing and the finalization of the separation. In some cases, the divorce process can take many months or even multiple years.
What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
year marriage might result in a support order that is 2025% of the difference in income. A marriage of 30 years or more, however, might result in income equalization, or 50% of the difference in the parties' income.
In Ohio, eligibility for spousal support is determined by various factors, including the length of the marriage, the standard of living during the marriage, each spouse's earning capacity, age, physical and emotional health, and financial and non-financial contributions to the marriage.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
The court may make a final spousal support order. 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.
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.