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Newark OH Divorce Law Blog

Relocating with a child after an Ohio divorce

If a custodial parent wishes to relocate with his or her child, the other parent may need to agree to the move. In the event that the other parent doesn't agree to the move, the case may need to be settled in court. Should a relocation dispute go to court, the judge will take several factors into account before deciding if the relocation can take place.

For instance, the judge must decide if the child is being moved too far from the other parent. A long move could wreak havoc on the current visitation rights of the other parent. Even if another visitation schedule can be worked out, it would need to be viewed as something that is in the best interest of the child. However, a relocation may be allowed over the objection of the other parent if express consent was already given.

Property division issues

Because Ohio follows the principle of equitable distribution to govern property division in a divorce situation, you may not necessarily emerge from your marriage with an equal share of marital assets. Additionally, it is important to understand that only property acquired during your marriage, from the date of the marriage to the final hearing for the divorce, is subject to this precept. The court may choose to use other dates to address property division if the dates of the marriage are deemed to be inequitable.

The property division phase of divorce proceedings involves three important elements, including identification of assets and debts, categorization of these as marital or non-marital, and assignment of value. These issues can be important if you have non-marital assets that you wish to protect from the property division process. These might include properties held prior to the marriage, but they could also include assets such as inheritances or gifts that were received during the marriage. A prenuptial agreement may come into play as certain assets are considered as well.

Child custody and restraining orders in Ohio

A parent who has gotten a restraining order against a spouse or partner due to domestic violence may be able to get custody of their children as well. If state law allows for temporary custody with a restraining order, the judge who hears the case may grant the request. In the event that custody is granted, another court may grant custody to the other parent, which may invalidate the temporary custody order.

Another type of ruling that a judge may may is an ex-parte ruling. What this means is that custody will be granted without telling the other parent. In fact, the other parent will not even be in the room when the ruling is made. However, this ruling may be limited to the state where the order was granted, which could create new legal issues if the parent wants to travel with the child out of the state.

Financial issues in an Ohio military divorce

Ohio military families may be interested in some information about the special issues that they face with regard to divorce. Due to the particular situation that they are in, some of the problems that non-military families encounter when splitting up can be more pronounced.

Many military personnel change locations quite often, which means that their non-military spouses have trouble getting or staying employed. Because of this, when the couple divorces, the service member will often be responsible for spousal support for the non-working spouse. Additionally, since many military members have younger children, support is often necessary for them as well. Frequent deployments also mean that the enlisted spouse will not be able to retain custody of children after a divorce. When a judge examines the family situation and determines what custody arrangement will be in the best interests of the child, granting full custody to a service member who is often away is not common.

Domestic violence and protection orders

Ohio residents may benefit from learning more about the state provisions governing domestic violence offenses. Judges presiding over cases involving domestic violence or child abuse may allow the victim to receive an ex parte order, meaning that the perpetrator does not have to be present for a judgment to be levied against them. This scenarios typically occur when the victim is petitioning to receive relief from offenses committed by the respondent.

Petitioners who filed an ex parte motion may have their hearing held on the same very same day. The courts may grant a temporary protection order immediately in an effort to provide relief and prevent any further abuse from occurring. In order to receive the temporary protection order, the victim must be under the threat of an immediate and present danger. There are several scenarios that may compel a judge to consider a respondent as being an immediate and present danger to the petitioner.

When can a parent stop paying child support?

In Ohio, there are limits to how long children can receive child support. Based on the child's scholastic and medical circumstances, however, the length of time for paying child support can change.

Generally, obligors must pay child support until a child either turns 18 or becomes a high-school graduate. In situations when the child turns 18 but has not yet graduated from high school, child support is still enforceable. If the child turns 17 but has graduated high school, child support is still payable until the child turns 18.

What is considered non-marital property?

Ohio state law recognizes that some property in a marriage belongs solely to its owner and is not eligible to be divided in a divorce. There are three types of property that may be considered non-marital: assets owned before a marriage, gifts made to one spouse and assets inherited by one spouse. Compensation won in a personal injury case may also be considered separate property in a divorce case.

Regardless of whether a spouse claims to have non-marital property, that fact must be proven in court. This is typically done by creating a paper trail tracing the origin of the property back to one spouse. A judge may also use oral testimony to determine the status of property.

Military divorce

Ohio residents that are in the military should be aware of how their retirement benefits could be divided in the event of a divorce. The basic divorce process for military personnel is no different than the process for average citizens. If one spouse is on active duty overseas or some far away location, then the process may take longer. However, some states are more lenient with regard to residency requirements for active duty military personal who are getting a divorce.

The Uniformed Services Former Spouses' Protection Act allows states to treat military retirement money as property, not as income. This means that an ex-spouse can receive up to 50 percent of the military retirement pay their former spouse receives if they qualify for direct retirement payments from the Defense Finance and Accounting Service.

Domestic violence cases in Ohio follow state guidelines

A strict set of laws in Ohio makes it illegal to lay hands on another family member or significant other in a violent manner. The statutes that govern acts of domestic violence provide a definition of what it is, as well as penalties for its commission.

State law defines domestic violence as a deliberate or reckless attempt to cause bodily injury to a household member. Under the statute, a "household member" is a spouse, a parent, a child, or a person living as a spouse or significant other. Foster children and other blood relatives also fall under the definition. The law is written to include direct or implied threats of violence to a family or household member as well. A set of potential punishments has also been established based on the status of the alleged offender.

How do Ohio courts determine child support?

Child support laws can be quite complicated, and this is even more true when one considers the fact that these laws vary by state. Ohio statute is very clear on the amount of child support that must be paid, but the law still contains several nuances that can affect this amount. Some situations, for instance, could lead to a parent paying child support past the child reaching the age of 18.

When determining the amount of child support that a parent will have to pay in Ohio, the courts first combine the incomes of both parents. This sum is then taken and compared to a chart used across the state that will reveal, based on their combined income, the financial support necessary between both parents to care for the child. The courts will then look at what percentage of the combined total income each parent earns, and the paying parent's percentage then becomes his or her child support obligation.

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The office of Carl McCoy, Attorney at Law, in Newark, Ohio, serves residents throughout central Ohio, including residents of Alexandria, Pataskala, Etna Township, Buckeye Lake, Johnstown, St. Louisville, Coshocton, Granville, Heath, Hebron, Kirkersville, Hanover, New Albany, Reynoldsburg and Zanesville. We assist residents of all cities and towns in Licking County, Coshocton County, Knox County, Perry County and Muskingum County.