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Dublin Family Law Blog

Reviewing and adjusting a child support order in Ohio

In Ohio, when a couple ends a marriage, there will still be continuing concerns that must be hashed out. If they share a child, child support could be in dispute for multiple reasons. A common disagreement parents have is how much should be paid in child support. While there will be an order as part of the divorce settlement, the amount that is paid could be changed. For those who are receiving child support payments and those who are paying child support, it is important to understand when there can be a review and adjustment of the child support order and how to handle these complex circumstances.

Either parent has the right to request that the child support order be changed. These will be reviewed every three years from the date on which it was established, or the date when the previous review took place. With a review, a caseworker will examine the income of the parties and decide if the support order should be changed or there should be an addition of health insurance or a change to it. An adjustment refers to the amount paid increasing or decreasing.

Protecting children's best interests through child support

When a couple in Ohio decides to end a marriage, the parties to that union may hope to start their lives over without any contact with their ex-spouses. This can be next to impossible if those parties share children. Child custody, visitation and child support may force parents to stay connected even when they have chosen to end their legal relationships with each other.

While child custody is often the focus of child-based divorce negotiations, child support is an important topic as well. As our readers may know, child support concerns the money that both parents contribute to the welfare of a child. When a child lives with one parent, that parent is expected to help pay for their needs. Their other parent, often called their "non-custodial parent," generally must pay child support to help as well.

What prospective parents should know about adoption

While some Ohio residents give birth to their own biological children, others choose to expand their families through the adoption process. As our readers may know, adoptions can be open or closed, domestic or international, and can involve many different requirements.

When preparing to adopt a child there are many pieces of information that individuals should have to prepare themselves. An adoption creates a legal relationship between an adult and a child that makes that adult responsible for the child's health and welfare. It also makes them responsible for the financial aspects of raising a child. Individuals who are not financially prepared to care for children may wish to delay their adoption proceedings.

When do courts order sole physical custody of children?

Child custody is a complex legal issue and can affect families in Dublin in different ways. As Ohio courts look to protect the best interests of the children whose custody matters appear in their chambers, it is important that our readers remember that different custody cases will be resolved based on their own unique facts and issues. Sole physical custody can be ordered for different reasons.

Sole physical custody is often ordered when one parent is not capable of providing care to their child. The reason for their inability to take care of their child can vary. For example, a parent who is actively deployed in the military may not be able to give day-to-day care to their child, but neither may a parent who is incarcerated in jail.

How to fight for alimony in an Ohio divorce

If you are getting a divorce, you may hope to receive alimony, also known as spousal support in Ohio. Receiving support payments during and after your divorce is not a guarantee. If you do receive alimony, it may be on a temporary or permanent basis. 

So, how do you make sure you get the financial support you need from your ex? There is no way to guarantee there will be a court order for alimony, but here are some core factors that determine the decision.

The status of oral and handwritten wills in Ohio

A will is an important legal document that is often included in the estate plan of a Dublin resident. A will must meet certain requirements in order to be valid and if it does not meet those mandates it may not be recognized as controlling when a person passes away. Generally, a will must be made by some who is an adult, who is of sound mind, who was not forced into make their will and the will must be signed by its creator and two other witnesses.

In some circumstances, however, a person may not have an opportunity to execute a fully compliant will before their passing. For example, when illness takes a person's life and they do not have time to formalize their testamentary intentions in writing, they may speak their will to others. An oral will, also known as a nuncupative will, may be valid if the individuals who hear the testator speak their will write down the testator's intentions within 10 days of hearing them and can prove that the testator was of sound mind.

When can you stop paying support to an ex-spouse?

Spousal support is an obligation created between two individuals pursuant to their divorce. In Ohio, an order or agreement for spousal support can be permanent or temporary. Depending on many factors that relate to the capacities of the parties to earn incomes and support themselves, spousal support can last for varying durations of time and can be for very different sums of money.

Spousal support is generally formalized in a divorce decree and, therefore, it becomes a binding obligation between the parties. If a paying party stopped providing their ex-spouse with support in violation of the terms of their spousal support agreement or order, then they may face sanctions for their non-compliance. A person who simply stops paying spousal support may face penalties.

The road to adoption may be filled with complications

Adopting a child is an emotional process that can fill the lives of Ohio parents with love and happiness. It is also, however, a legal process that is complex and full of mandates and requirements. Although many successful adoptions take place each year throughout the state, it is important that families understand that complications can delay or derail their adoption pursuits.

One way that an adoption may be met with challenges is if either of the child's birth parents objects to the proceedings. A birth mother may decide that she does not want to give her child up. A putative father may learn of his child's pending birth and may challenge the mother's decision to put the child up for adoption. These situations can be difficult on adoptive parents and may create issues in their legal proceedings.

Facing the many aspects of a divorce in Ohio

A divorce is a difficult event for a family to endure and may impose stress and burden upon partners, parents and children. Just getting to the end of a contentious divorce may be the goal of a Dublin resident, but it is important that as a person works to end their legal relationship with their soon-to-be ex-spouse that they must also address a number of other important issues. Those issues can relate to how their money and property are divided up, as well as how their children will be cared for in the future.

Practically all divorces involve property settlement negotiations, in which the parties to the legal proceedings decide how their marital property should be divided. While separate property may be taken by its owners, marital property is property that may be rightfully claimed by either partner. These negotiations can be vital to making sure a person has what they need once they are out of their relationship.

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