2018 | Beth Silverman & Associates

December 7, 2018 In Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: What is Changing in 2019 with Ohio Child Support?

Big changes are coming to the calculation of child support in Ohio. A bill has passed modifying the child support guidelines that have been in place since the 1980s. The new statute and worksheet are effective March 29, 2019. A few of the major changes include: The tables used to determine the amount of child support needed for each child was updated. This means that the same combined incomes may now result in a different child support obligation. There is a self -sufficiency reserve to cap child support orders regardless of the number of children. This reserve changes based on income. The guideline tables now include combined gross income up to $300,000. Under the pre-2019 law, this maximum was $150,000. Automatic child support reduction from the guideline of 10% for a parent exercising more than 90 overnights per year. The factors a court can consider to deviate from the guideline...

October 11, 2018 In Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: Spousal Support Will No Longer Be Tax Deductible in 2019

Until the passage of the Tax Cuts and Jobs Act of 2017, spousal support payments were tax-deductible to the payor and taxable income to the payee. Now, that will change. For all spousal support orders entered after December 31, 2018, spousal support will no longer be tax deductible to the payor spouse and will be tax free to the payee spouse. This change will have significant impacts on the amount of overall cash available to divorcing families. In most cases, the payor of spousal support is in a higher tax bracket and the payee is in a lower bracket. Thus, when the support is taxed to the payee, a lower total amount of tax is collected. Now, tax on spousal support payments will be paid by the party in the higher tax bracket, resulting in more overall tax being paid on the support funds and less after-tax cash available to the...

August 6, 2018 In Child Custody, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: How are Temporary Custody, Support and Parenting Time Determined in a Pending Divorce?

Upon filing for divorce in Ohio, the filing party or the responding party can request temporary orders from the Court regarding the custody of minor child(ren), parenting time, child support, spousal support and the payment of marital expenses. In order for the Court to issue any temporary orders regarding custody, parenting time, child support and/or spousal support, the parties must be living separate and apart at the time of the request. If the parties are still residing together, the Court can issue temporary orders regarding the payment of household expenses and debts. The process for requesting temporary orders and deadlines for responses differ between the counties. For this reason it is imperative to know the Court’s local rules and procedures in your county. Furthermore, if you and your spouse reside in different counties, the local rules of each county may impact your decision regarding where to file. In Hamilton and Clermont...

June 12, 2018 In Divorce, Support By Laura Thudium

Cincinnati Family Law & Divorce Blog: Important Tax Law Changes for Claiming Children as Dependents

At the end of 2017, Congress enacted the Tax Cuts and Jobs Act and many of these sweeping changes have a direct impact on those going through a family law issue. This blog post will attempt to outline the changes on how children are claimed for tax purposes. However, there are many other changes to the tax code that may impact your case that are not discussed here. It is important for you to talk to a local family law attorney and/or tax professional to review the situation based on your individual circumstances. One question that often comes up for a divorcing or separating couple is: which parent is permitted to claim the child as a dependent for tax purposes. Divorcing couples can reach an agreement, or the court will order which parent can claim the child for tax purposes. This is an important tool for negotiation and litigation because claiming...

April 18, 2018 In Division of Assets and Debts, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: What Are My Rights if My Spouse Has Cheated?

Few people find it fair to learn that the answer to this question, in most Ohio cases, it is none. It seems fundamentally unfair that a married person can commit adultery and face no consequences, monetary or otherwise. Yet, in an Ohio court of law, there are no penalties against people who have committed adultery and, in fact, rarely will a court even be interested in hearing the details. The reason for this is a court looks at marriage like a business partnership. It is the obligation of the court to determine the assets and debts of the marital partnership and equitably divide those assets and debts, and to then decide if support is appropriate. Nowhere will you find among the factors a court is to consider whether someone was at fault. The few exceptions to this rule relate to financial misconduct or the determination of the best interest of children. If...

February 28, 2018 In Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: How to Obtain Exclusive Occupancy of the Marital Residence

During a divorce proceeding, it is not uncommon for one party to want exclusive occupancy of the marital residence, meaning that the other party would be required to vacate the residence and would not be permitted to enter without the remaining spouse's permission. Unless there is a court order granting one party exclusive occupancy, both spouses have the right to remain in the marital residence regardless of how the house is titled. Often one spouse may voluntarily vacate the residence. Such an action does not cause the vacating spouse to lose any property rights he or she has in the house. However, if the parties have minor children, vacating the residence could have an impact on the allocation of parental rights and responsibilities. Therefore, a party should consult with an attorney about what impact this may have on the parenting issues prior to taking any action. The process of obtaining exclusive occupancy...

January 12, 2018 In Child Custody By Laura Thudium

Cincinnati Family Law & Divorce Blog: Do Non-Parents Have Any Custody Rights in Ohio Courts?

It is becoming increasingly common for grandparents and other non-parents to seek custody of children. A number of factors could contribute to this including the rise in substance use, domestic abuse, a parent passing away, etc. Some questions from a grandparent or non-parent might be: Can I obtain custody or any other rights? What are the legal standards involved? First, it is important to note that custody and visitation are two separate concepts. Legal custody means that the adult has physical care and control of the child as well as the right to make decisions regarding the child's health, education, welfare, and other major decisions. If someone has “visitation rights” or “companionship rights” with a child, this refers to certain days and times the adult has with the child. Parents are afforded a constitutionally protected due process right to the care and custody of their children. The U.S. Supreme Court has held...