Support Archives | Page 2 of 2 | Beth Silverman & Associates

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...

December 12, 2017 In Division of Assets and Debts, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Are A Spouse’s Rights To The Other Party’s Social Security Benefits Determined In A Divorce?

One’s rights to claim Social Security benefits under their ex-spouse’s earned benefits is determined by federal law, rather than state domestic relations law. For this reason, except in very unusual situations, a divorce or dissolution decree is silent as to the parties’ rights to claim under the other party’s benefits after the divorce. The Social Security Administration states that you can receive benefits if you were married to an ex-spouse for more than 10 years, you are 62 or older, you are currently unmarried AND your benefits from your own work record would be lower than the benefits you would receive based on your ex-spouse’s work. The latter determination is whether your own earned benefits are less than one-half of your ex-spouse’s benefits. What is often surprising to most people is that a divorced spouse’s benefit does not reduce the other spouse’s earned benefit. In other words, the Social Security Administration...

November 19, 2016 In Child Custody, Division of Assets and Debts, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: Is Legal Separation Right for Me?

There are many reasons why a client might consider a legal separation. Here, we will explain exactly what a legal separation is, and a few of the common reasons people seek to enter into a legal separation. First, it should be noted that a legal separation is not the same as a physical or “trial” separation. Many couples physically separate prior to terminating their marriage. These physical separations may be very informal, with one spouse moving out and the parties making informal agreements as to how they will divide time with their children and manage the monthly expenses. A physical separation could also be accomplished with the assistance of attorneys, who would help parties to negotiate these terms. This situation is different than a legal separation, which is a specific type of legal proceeding. In a legal separation, the parties go through essentially all of the same steps as they would in...

October 19, 2016 In Child Custody, Divorce, Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Do Parents Have Legal Obligations to Emancipated Children?

While it is true that Ohio Courts are prohibited from issuing orders regarding the care and support of children after they turn 18 or graduate from high school, whichever occurs later, the Court can enforce agreements that parents make with one another. Many parents recognize that their children will need continued support beyond 18 and want to ensure that these expectations are clearly outlined and discussed in a divorce settlement. It is especially important to consider the following obligations during your negotiation: child support for children with disabilities, maintenance of health insurance, dependency deductions, and the payment of college education. If parents agree on these items and include the agreements as part of the divorce or dissolution decree, the agreements will be enforced by the court. Child Support for Children With Disabilities Monthly child support terminates when a child is 18 or graduates from high school except in the circumstance of a child...

September 22, 2015 In Division of Assets and Debts, Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Do I Need a Pre-nup?

Ohio law allows written contracts between parties before a marriage that define various aspects of marital rights and rights upon the death of either spouse. These contracts are called prenuptial agreements, premarital agreements, or antenuptial agreements. All of these terms can be used interchangeably. Prenuptial agreements may not always be enforced. To avoid the most common challenges to these agreements, the following should be adhered to: (1) both parties should have lawyers represent them during the negotiation and execution of the agreement, (2) it should be signed as far in advance of the actual wedding as possible to avoid the possibility of coercion, and (3) there must be a complete and accurate disclosure of assets and debts between the parties. Currently, Ohio law protects premarital assets and assets which are acquired during the marriage by gift or inheritance and a prenuptial agreement may not be needed. It is often a misconception...

September 2, 2015 In Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: What Are Some Differences Between Child Support and Spousal Support?

Child support and spousal support have different tax consequences. Child support is not tax-deductible to the payor and is not taxable income to the payee. Whereas, spousal support is tax deductible to the payor and is taxable income to the payee. One’s tax bracket determines the after tax impact of spousal support. For example, a man who is in a 25% tax bracket, will actually be paying 75 cents out of pocket for every dollar paid as spousal support. If the recipient is in a 20% bracket, she will be receiving 80 cents net for every dollar received. In this scenario, the IRS will receive 5% less in taxes than they would normally be entitled to. It is for this reason that divorce attorneys pay special attention to the manner in which child and spousal support are structured. Child support ends upon a child’s 18th birthday or graduation from high school,...

December 15, 2014 In Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: How is Spousal Support Determined in Ohio?

There is no formula for the calculation of spousal support (formerly known as “alimony”) in Ohio. Spousal support is determined on a case-by-case basis after a consideration of several factors set forth in Ohio Revised Code Section 3105.18. Spousal support is not appropriate in every case, and is most commonly awarded in marriages of significant duration where there is a large disparity in incomes between the spouses. However, there are many other factors that go into the determination of an award of spousal support. The statutory factors in determining an award of spousal support are (1) the income of both parties; (2) the earning capacities of both parties, as compared to one another; (3) the age, physical, mental, and emotional health of each party; (4) the retirement benefits available to each party; (5) the duration of the marriage; (6) whether it would be appropriate for the party receiving support to seek...