Sowald Sowald Anderson Hawley & Johnson

April 2018 Archives

What must I show to seek spousal support?

There was a time when divorce meant one spouse paid alimony to the other. In those days, the usual equation had the husband paying that money to his ex-wife. This was in addition to child support. Today, that equation isn't necessarily the one that applies. Indeed, most states don't even call it alimony. Instead, it's called spousal support.

Some 'don'ts' and 1 possible 'do' when divorcing

Certain things in life are unavoidable. You can't go swimming without getting wet. If you are an Ohio resident wondering whether to divorce, you can't avoid getting emotional. On one hand, you might feel anger, grief or fear. On the other, you might feel anticipation and excitement.

Can I recover parental rights terminated by the state?

The law grants biological parents a great deal of preference when it comes to matters of child custody. Unless egregious conditions exist that put the welfare of a child at risk, the rights of biological parents to retain custody are significant. This is especially true in cases where the mother is the parent in question.

Figuring out asset division when going through a divorce

You and your spouse have worked hard to get where you are. Your financial picture may not be perfect, but you have a home, savings and retirement funds. On the flip side, you also have some debt in the form of a mortgage, a car payment and some credit card debt. You've decided to get a divorce and are wondering what property you'll get to keep. In Ohio, any shared property -- whether it is a positive or negative asset -- is marital property and subject to division.  

Can you modify your divorce ruling after the fact?

When the divorce judgment is handed down, it's binding. You must adhere to the court order. For instance, even if you wanted sole custody of your child, if the order specifies that custody should be shared between you and your ex, you have to honor that. This can be hard for some parents to accept, feeling that they know the situation better than the judge, but violating a court order is illegal.

Maybe 6 R's can help children navigate divorce

Life is complicated. It always has been, but it seems more so now than in the past. Still, as the old saying goes, "the more things change, the more they stay the same." Getting down to the fundamentals is a strong driving force. As an example, consider the common abbreviation, the three R's. It refers to what many consider educational basics - reading, writing and arithmetic. Never mind that the words don't all start with R. The gist is that these are fundamental.

Later-in-life divorce: What you don't know can hurt you

Long-married couples are divorcing at a higher rate than in the past. By many counts, the rate among adults aged 50 and older is about double what it was in the 1990s. The consensus among experts for why this is happening seems to be that people are living longer. If the love is gone and you have decades left to live, it becomes easier to understand there might be a desire to make the final years happier.

How does the IRS define alimony?

As personal an event as divorce is, it is not something anyone goes through alone. At the very least, the hand of the government weighs in and will seek to be sure that tax obligations continue to be met one way or another.

Family law disputes can spread onto the gridiron

We have written before about the broad scope of issues family law can deal with. We offered a rundown of a few of them in one recent post. Since then, a story has made headlines that serves to reinforce the point we sought to make. And so, we are taking this post to dig into that a little.

The complexities of relocating with children after divorce

Life continues to change, even after a divorce is final. The terms of your divorce order, including your custody and visitation arrangement, may not always be applicable to what is happening in your life. Some Ohio parents may even find that they need to move after divorce, but relocating could be complicated, especially if the custody order is already final.

'Most wanted' deadbeat parent arrested after 20 years

Child support is an obligation the state places on parents of children when the adults end their relationship. The action might be prompted by divorce. In some cases, the parents aren't married, but parenthood has been established and the assignment of child support becomes possible. The rationale, of course, is that support is in the best interest of the children and it's the obligation of parents to provide.

What are the benefits of mediation in child custody cases?

When you and your spouse -- soon-to-be your ex -- cannot agree on a child custody arrangement yourselves, you typically have to go to court and a judge will rule. However, that puts the decision-making power entirely in the judge's hands, which makes some people nervous.

Is there an advantage to annulment over divorce?

We have written several posts in the past few months examining the differences between annulment and divorce in Ohio. Regular readers will appreciate that annulment and divorce are two forms of marriage dissolution that are available under state law, but that obtaining an annulment isn't possible for everyone. Certain restrictions apply.

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