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.
Child Support And Alimony In Ohio In Wake
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Multi-State
County:
Wake
Control #:
US-00004BG-I
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FAQ
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.
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.
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.
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.
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.
Usually, the court will not consider awarding spousal support unless the marriage lasted more than five years. Most courts do not award lifetime spousal support unless the marriage lasted more than 25 years. In cases involving longer marriages, there is a greater chance of income disparity between the spouses.