Posted by DivorceLine in Ohio Divorce Procedures
Complete overview of Ohio divorce laws for people considering a Ohio divorce or filing a Ohio divorce with issues to be resolved about child custody, child support, visitation and alimony.
Ohio Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage or Complaint for Divorce in Ohio, you must make sure the Court of Common Pleas has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Ohio residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civil Procedure. The court of common pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annulment occurred, within or without the state.
Actions for legal separation shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure.
The divorce is typically filed with in county in which the filing spouse resides. (Ohio Code – Sections: 3105.03)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Ohio. It is most common that people file for a divorce in the county in which they live. If you are unsure of whether or not you meet the Ohio residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
The Petition for Dissolution of Marriage or Complaint for Divorce are the initial documents filed with the Ohio court. It is in these documents that the filing spouse will request the court to terminate the marriage under certain specified grounds.
The court of common pleas may grant a divorce for the following causes:
No Fault (Dissolution of Marriage) Based Grounds:
(A) Living separate and apart for at least 1 year;
(B) Incompatibility, unless it is denied by one of the spouses.
Fault (Divorce) Based Grounds:
(A) When one of the spouses was previously married and never got a divorce; (B) Willful absence of the adverse party for at least a period of one year; (C) Adultery; (D) Extreme cruelty; (E) Fraud; (F) Any gross neglect of duty; (G) Habitual drunkenness; (H) Imprisonment; (I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party. (Ohio Code – Sections: 3105.01)
Every divorce case that is filed in the state of Ohio must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.
Ohio Uncontested Divorce
This information is an overview of the uncontested Ohio divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Ohio.
In Ohio, a couple may end a marriage by dissolution, divorce, annulment (as well as death and/or the presumption of death).
Either spouse may file for a dissolution or divorce after living in Ohio for at least six months. For a divorce (or annulment) the filing party, in addition to the six-month state residency, must be a resident of the county of filing for at least 90 days prior to filing. The action may also be filed in the county where the defendant lives.
In Ohio, the spouse initiating the action in called a Petitioner, in the case of a dissolution, or a Plaintiff, in the case of a divorce; the other spouse is called a Co-Petitioner, in the case of a dissolution, or a Defendant, in the case of a divorce. The divorce happens in the local county court, which is called the Court of Common Pleas.
A marriage ending by dissolution follows a swifter and more predicable course than one ending by divorce.
A dissolution is uncontested, and it is always a no-fault action. In a dissolution, the couples achieve a no-fault termination of their marriage. Both spouses must agree on all the terms of the termination, including division of property, spousal support, parental rights and responsibilities. A dissolution is not adversarial; it ends a marriage but it is not a divorce. The court does not make any of the decisions it would in a contested divorce. In short, dissolution ends a marriage by mutual consent.
By comparison, a divorce is contested or uncontested, and it may be a fault action. In a divorce, the court ends a marriage based on grounds. Ohio permits divorce on no-fault grounds, which mean incompatibility and/or living separate and apart without cohabitation for one year, and fault grounds that include bigamy, willful absence from the home for one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, and out-of-state divorce.
In dissolution actions, a hearing is held no fewer than 30 days after the initial filing of the action and no more than 90 days. In some counties the petitioners learn the hearing date when they file. In divorce actions, the divorce hearing — the one which ends the marriage — may be one of many that is held between filing and decision and judgment.
A dissolution begins when the couple file a petition for dissolution. The petition is filed jointly and it includes the separation agreement as an attachment. The separation agreement must provide for 1) the division of all property and debts, 2) spousal support (how much and for how long, if appropriate), and if there are children, 3) the allocation of parental rights and responsibilities, 4) parenting time and 5) child support.
When spousal and/or child support is a consideration, other forms that may or may not be necessary (depending upon the situation) include the following:
a) A Financial Disclosure Affidavit that lists the joint assets and liabilities of both spouses. In some counties it may not be required if neither child nor spousal support is involved. In some counties, each spouse must file his or her own Financial Disclosure Affidavit.
b) Waiver of Legal Representation that certifies that neither the husband nor the wife is represented by legal counsel. When the Separation Agreement includes this statement, this form may not be required, depending on the court where the action is filed.
c) Waiver of Service of Summons that certifies that both spouses waive the right of a summons. When the Petition for Dissolution includes this statement, this form may not be required, depending on the court where the action is filed. Since the petition is joint and voluntary, it is not necessary to receive formal notice of the action from the court.
d) Affidavits in Compliance with O.R.C. 3109.27 and Information for Parenting Proceeding that are used in conjunction with child custody. These affidavits inform the court of any child custody proceeding pending or decided by another court.
e) Child Support Worksheet(s) that is/are used make the calculation of child support. One, for the sole residential parent, is used to determine the child support obligation when the children all live with one parent and visit the other parent. The other is used for split parenting arrangements (where each parent is the primary residential parent for at least one child).
f) Health Insurance Disclosure Affidavit that describes the particulars of the medical insurance for the parents and the children.
g) Health Care Order that stipulates the responsibilities and the terms and conditions of medical care for the children.
h) Health Care Verification that verifies the health care order for the Ohio Child Support Enforcement Agency.
i) Child Support Deduction Notice that is used to require an employer to withhold a certain percentage of a payee’s income and pay it directly to the Office of Child Support.
j) Spousal Support Deduction Notice that is used to require an employer to withhold a certain percentage of a payor’s income for payment to the payee.
k) Shared Parenting Arrangement that is used in cases of joint custody.
When the couple appear for the dissolution hearing, a Decree for Dissolution, prepared by them, dissolves the Marriage. Both petitioners must appear at the hearing and answer certain routine questions.
Either spouse may convert a dissolution to a divorce. In a dissolution, each spouse retains the right to stop the dissolution at any point, including the day of the divorce hearing. A dissolution may be converted to a divorce by filing a Motion for Conversion and Complaint for Divorce, which is accompanied by an Order. The action then proceeds as if the Motion had been the original complaint.
A divorce action begins with the filing of a Complaint for Divorce, which is accompanied by the Summons and Notice of Service of Process. Notice of Service can be made by certified mail. That failing, the plaintiff must attempt personal service by having the sheriff, or a private process server, personally deliver the notice and summons.
When the plaintiff files the Complaint for Divorce, he or she also may file some or all of the same forms filed in a dissolution. These include the Financial Disclosure Affidavit, Affidavits in Compliance with O.R.C. 3109.27 and Information for Parenting Proceeding, Child Support Worksheet, the Health Insurance Disclosure Affidavit, Shared Parenting Arrangement.
The action then proceeds in the manner of civil cases. After the Plaintiff files, the Defendant responds, filing an Answer and making a Counterclaim. He or she files a Financial Disclosure Affidavit and answers Interrogatories, which may also be filed at the same time of filing the Complaint. Generally, he or she has 28 days to answer any Interrogatories.
A defendant can elect to sign a Waiver of Service, and allow the divorce to proceed uncontested. If not, the Defendant must be served.
An uncontested divorce may happen when the Defendant simply refuses to respond to the complaint. This does not mean that the divorce will proceed by default. A hearing will nonetheless by held and the plaintiff must present evidence to support his or her allegations that the relief sought should be granted.
An uncontested divorce also happens when the spouses manage to resolve all differences before the case goes to a hearing, as is most often the case. Thus what may have started as a contested divorce becomes uncontested. By agreement, the spouse can then convert the action to a dissolution case, or the Decree of Divorce is then titled Agreed Judgment Entry Decree of Divorce. In this routine the Decree of Divorce details the issues in much the same way as the Separation Agreement does in a dissolution case.
Spouses may convert their divorce to a dissolution at any time before the final Decree of Divorce is entered. This requires a Motion for Conversion and Petition for Dissolution and an Order, both signed by a judge.
When a spouse cannot or will not be located for Service of Process, the plaintiff in a divorce action must make what is termed a “diligent search.” Basically, this means that he or she must prove to the court that a good faith effort was made to find the missing person.
This effort, which may be exhaustive, includes Freedom of Information inquiries at the United States Post Office; contacting the last known employer, trade unions where he or she may have been a member, regulatory agencies; inquires with relatives; telephone inquiries in the area of the spouse’s last known address; Internet searches, including www.switchboard.com, which is a pay search, searching law enforcement and criminal records, including police records, driver’s licenses records in the state of the spouse’s last known address, Department of Corrections records in the state of the last known address, Title IV-D records in the state of the last known address, or the state where he or she was previously divorced; contacting hospitals in the area of the last known address, utility company records in the area of the spouse’s last known address; inquiries to the various branches of the Armed Services; and the tax assessor’s office in the area of the spouse’s last known address.
If, after making a diligent search, the missing spouse cannot be located, the plaintiff may appeal to the court for permission to give Service by Publication. This means publishing the Summons in a newspaper as a classified advertisement. The advertisement must be published a certain number of times. The newspaper then certifies the publication dates.
Ohio Simplified Divorce Procedures
Both spouses may jointly file a petition for dissolution of marriage. The petition must: (1) be signed by both spouses and (2) have attached to it a separation agreement which provides for: [a] division of property; [b] spousal support (including, if the spouses desire, the authorization of the court to modify any spousal support terms); and [c] custody, visitation, and child support, if there are any minor children. The spouses may include a parenting plan in the agreement. Between 30 and 90 days after filing such a petition, both spouses must appear in court and state under oath that he or she: (1) voluntarily signed the agreement; (2) is satisfied with the agreement; and (3) seeks dissolution of the marriage. In addition, settlement agreements are also authorized by statute and may be used in a divorce proceeding. A sample divorce complaint form is contained in Ohio Rules of Civil Procedure, Appendix of Forms, Form #20. In addition, separation agreements are specifically authorized. Finally, there may be local court rules which apply to divorce proceedings in Ohio. [Ohio Revised Code Annotated; Sections 3105.03, 3105.10, and 3105.61-65 and Ohio Rules of Civil Procedure; Appendix of Forms].
Each state has its own unique filing procedure. When filing for divorce in Ohio, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the Ohio Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Ohio Laws and the filing requirements.
Ohio Property Division Factors
In Ohio, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Court of Common Pleas within the Decree of Dissolution of Marriage or Decree of Divorce.
Ohio is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Court of Common Pleas will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Court of Common Pleas to be fair.
When making a property award, the court shall consider the following: (A) The length of the marriage; (B) The assets and liabilities of the spouses; (C) The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children of the marriage; (D) The liquidity of the property to be distributed; (E) The economic desirability of retaining intact an asset or an interest in an asset; (F) The tax consequences of the property division upon the respective awards to be made to each spouse; (G) The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property; (H) Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses; (I) Any other factor that the court expressly finds to be relevant and equitable. (Ohio Code – Sections: 3105.171)
Since Ohio is an “Equitable division” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable divsion state.
Ohio Spousal Support/Maintenance/Alimony Factors
In Ohio the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Court of Common Pleas will order support from one spouse to the other on a case-by-case basis as follows:
When considering the mount and the duration of support, the court will take into consideration the following economic factors: (1) The income of the parties; (2) The relative earning capacities of the parties; (3) The ages and the health conditions of the parties; (4) The retirement, pension, 401k benefits of the parties; (5) The length of the marriage; (6) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (7) The standard of living while married; (8) The relative extent of education of the parties; (9) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties; (10) The contribution of each party to the earning capacity of the other; (11) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience; (12) The tax ramifications; (13) The dissipation of any marital assets; (n) Any other factor that the court expressly finds to be relevant and equitable. (Ohio Code – Sections: 3105.171)
Ohio Child Custody Factors
In Ohio, the court will examine each custody case individually in search of an arrangement that is best for the children involved. To discover the best arrangement to award, the court will focus on the following factors:
(1) The wishes of the child’s parents regarding the child’s care;
(2) the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
(3) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
(4) The child’s adjustment to the child’s home, school, and community;
(5) The mental and physical health of all persons involved in the situation;
(6) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
(7) Whether either parent has failed to make all child support payments;
(8) Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
(9) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time;
(10) Whether either parent has established a residence, or is planning to establish a residence, outside this state. (Ohio Code – Sections: 3105.21, 3109.03, 1309.04, and 1309.051)
In Ohio, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.
Ohio Child Custody Factors
In Ohio, the court will examine each custody case individually in search of an arrangement that is best for the children involved. To discover the best arrangement to award, the court will focus on the following factors:
(1) The wishes of the child’s parents regarding the child’s care;
(2) the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
(3) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
(4) The child’s adjustment to the child’s home, school, and community;
(5) The mental and physical health of all persons involved in the situation;
(6) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
(7) Whether either parent has failed to make all child support payments
(8) Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
(9) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time
(10) Whether either parent has established a residence, or is planning to establish a residence, outside this state. (Ohio Code – Sections: 3105.21, 3109.03, 1309.04, and 1309.051)
In Ohio, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.
Ohio Child Support Factors
Either or both parents may be ordered to pay child support. Marital misconduct is not to be considered in this award. Health care insurance may be ordered to be provided for the child. Child support payments may be ordered to be paid through the state child support agency. There are official child support guidelines that are presumed to be correct unless there is a showing that the amount of the support award would be unjust or inappropriate under the particular circumstances of a case. Factors which may be considered in adjusting a child support amount are: (1) special or unusual needs of a child; (2) obligations for other minor or handicapped children; (3) other court-ordered payments; (4) extended visitation or extraordinary costs for visitation; (5) mandatory wage deductions [including union dues]; (6) disparity in income between the parents’ households; (7) benefits that either parent receives from remarriage or sharing living expenses with others; (8) the amount of taxes paid by a parent; (9) significant contributions from a parent [including lessons, sports equipment, or clothing]; (10) the financial resources and earning capacity of the child; (11) the standard of living and circumstances of each parent and the standard of living the child would have enjoyed if the marriage had not been dissolved; (12) the physical and emotional conditions and needs of the child; (13) the medical and educational needs of the child; (14) the relative financial resources, other assets and resources, needs, and obligations of both the noncustodial and the custodial parent; (15) the need and capacity of the child for an education and the educational opportunities of the child; (16) the age of the child; (17) the earning ability of each parent; (18) the responsibility of each parent for the support of others; (19) the value of services contributed by the custodial parent; and (20) any other relevant factor. A child support computation worksheet is also contained in the statute. [Ohio Revised Code Annotated; Sections 3105.71 and 3113.217].
Ohio child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Ohio child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Ohio child support deviation factors that may be applicable to the situation.
Ohio Grandparent’s Rights
Grandparent Rights to Visitation: Visitation may be granted as a part of or subsequent to the parents’divorce, dissolution of marriage, legal separation, annulment, or child support proceeding if grandparent has an interest in welfare of child and visitation would be in child’s best interest. Also if one of the child’s parents is deceased, or if child’s parents were never married to each other. Title 31, Section 3109.051 (O.R.C. § 3109.051, 3109.11).
When Adoption Occurs: Visitation rights terminate upon adoption unless the adoption is by a stepparent.
Child Custody Statutes: Best interest of the child, considering: (1) wishes of parties; (2) child’s wishes, if interview by judge; (3) interaction and interrelationship between child and parents, siblings and other significant persons; (4) child’s adjustment to home, school and community; (5) mental and physical condition of all persons involved; (6) party more likely to honor and facilitate visitation; (7) compliance with any child support orders; (8) any history of abuse or neglect; (9) any history of visitation denial; and (10 ) whether a party intends to make his or her residence outside of Ohio. O.R.C. §3109 et seq.
Parents May Choose: Yes
Ohio Military Divorce Laws
An Ohio military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From Ohio Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Ohio court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for an Ohio court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
a) You or your spouse must reside in Ohio
b) You or your spouse must be stationed in Ohio
Grounds for Ohio Military Divorce
The grounds for a military divorce in Ohio are the same as a civilian divorce.
Dividing the Property
Along with the normal Ohio property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In Ohio, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Ohio child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
Ohio Child Support Guidelines
The Ohio child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Ohio child support order.
Ohio Child Support Guidelines
Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: NO
Childcare Add on: YES
Secondary Education Support: NO
UIFSA: NO
* The Income Shares Model: Ohio child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Ohio child support worksheet and the estimated incomes are typically substantiated by past pay stubs or W-2s.
For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.
As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.
For example: It is not common for a custodial parent to be paying support to a non-custodial parent.
Ohio Child Support Definitions
The court may adjust the minimum child support award, of either or both parent’s share of the minimum child support award, based upon the following considerations:
(a) Special and unusual needs of the children;
(b) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support. determination;
(c) other court-ordered payments;
(d) Extended times of visitation or extraordinary costs associated with visitation, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule.
(e) The obligor obtains additional employment after a child support order is issued in order to support a second family;
(f) The financial resources and the earning ability of the child;
(g) Disparity in income between parties or households;
(h) Benefits that either parent receives from remarriage or sharing living expenses with another person;
(i) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
(j) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
(k) The relative financial resources, other assets and resources, and needs of each parent;
(1) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;
(m) The physical and emotional condition and needs of the child;
(n) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;
(0) The responsibility of each parent for the support of others;
(p) Any other relevant factor.
(q) High and Low Income: If the combined gross income of both parents is greater than $150,000 per year, the court shall determine support on a case-by-case basis, provided that the court shall compute a basic combined obligation that is no less than the same percentage of the parents’ combined income that would have been computed under the schedule for a combined income of $150,000. Where combined gross income is less than $6,600 per year, support is determined on a case-by -case basis
DEFINITIONS:
(1) “Income” means either of the following:
(a) For a parent who is employed to full capacity, the gross income of the parent;
(b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent, and any potential income of the parent.
(2) “Gross income” means, except as excluded in this division, the total of all earned and unearned income from all sources during a calendar year, whether or not the income is taxable, and includes, but is not limited to, income from salaries, wages, overtime pay and bonuses, commissions, royalties, tips, rents, dividends, severance pay, pensions, interest, trust income, annuities, social security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, benefits received by and in the possession of the veteran who is the beneficiary for any service-connected disability under a program or law administered by the United States department of veterans, affairs or veterans’ administration, spousal support actually received from a person not a party to the support proceeding for which actual gross income is being determined, and all other sources of income; income of members of any branch of the United States armed services or national guard, including, but not limited to, amounts representing base pay, basic allowance for quarters, basic allowance for subsistence, supplemental subsistence allowance, cost of living adjustment, specialty pay, variable housing allowance, and pay for training or other types of required drills; self-generated income; and potential cash flow from any source.
“Gross income” does not include any of the following:
(a) Benefits received from means-tested public assistance programs, including, but not limited to, Ohio works first; prevention, retention, and contingency; supplemental security income; food stamps; or disability assistance;
(b) Benefits for any service-connected disability under a program or law administered by the United States department of veterans’ affairs or veterans’ administration that have not been distributed to the veteran who is the beneficiary of the benefits and that are in the possession of the United States department of veterans’ affairs or veterans’ administration;
(c) Child support received for children who were not born or adopted during the marriage at issue;
(d) Amounts paid for mandatory deductions from wages other than taxes, social security, or retirement in lieu of social security, including, but not limited to, union dues;
(e) Nonrecurring or unsustainable income or cash flow items.
(3) “Self-generated income” means gross receipts received by a parent from self-employment, proprietorship of a business, joint ownership of a partnership or closely held corporation, and rents minus ordinary and necessary expenses incurred by the parent in generating the gross receipts. “Self-generated income” includes expense reimbursements or in-kind payments received by a parent from self-employment, the operation of a business, or rents, including, but not limited to, company cars, free housing, reimbursed meals, and other benefits, if the reimbursements are significant and reduce personal living expenses. ”
(4)(a) “Ordinary and necessary expenses incurred in generating gross receipts” means actual cash items expended by the parent or the parent’s business and includes depreciation expenses of replacement business equipment as shown on the books of a business entity.
(b) Except as specifically included in “ordinary and necessary expenses incurred in generating gross receipts” by division (A)(4)(a) of this section, “ordinary and necessary expenses incurred in generating gross receipts” does not include depreciation expenses and other noncash items that are allowed as deductions on any federal tax return of the parent or the parent’s business.
(5) “Potential income” means both of the following for a parent that the court, or a child support enforcement agency pursuant to sections 3111.20, 3111.211, and 3111.22 of the Revised Code, determines is voluntarily unemployed or voluntarily underemployed:
(a) Imputed income that the court or agency determines the parent would have earned if fully employed as determined from the parent’s employment potential and probable earnings based on the parent’s recent work history, the parent’s occupational qualifications, and the prevailing job opportunities and salary levels in the community in which the parent resides;
(b) Imputed income from any non-income-producing assets of a parent, as determined from the local passbook savings rate or another appropriate rate as determined by the court or agency, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised code, if the income is significant.
(6) If the combined gross income of both parents is greater than one hundred fifty thousand dollars per year, the court or agency shall determine the amount of the obligor’s child support obligation on a case-by-case basis and shall consider the needs and the standard of living of the children who are the subject of the child support order and of the parents.
Ohio Divorce Definitions
This collection of definitions will help clarify some unique characteristics to the Ohio Divorce laws, process and paperwork which is filed with the court.
Filing Party Title:
Petitioner or Plaintiff
The spouse who will initiate the Divorce by filing the required paperwork with the court.
Non-Filing Party Title:
Respondent or Defendant
The spouse who does not initiate the Divorce with the court.
Court Name:
In the Court of Common Pleas of ___________ County, Ohio
The proper name of the court in which a Divorce is filed in the state of Ohio. Each jurisdictional court typically has a domestic relations or a family law department or division.
The state run office devoted to enforcing existing child support orders and collecting any past due child support.
Document Introduction:
In Re the Marriage of:
The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.
Initial Divorce Document:
Petition for Dissolution of Marriage or Complaint for Divorce
The title and name of the legal document that will initiate the Ohio Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Divorce Document:
Decree of Dissolution of Marriage or Decree of Divorce
The title and name of the legal document that will finalize the Ohio Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.
Clerk’s Office Name:
County Clerk’s Office of the Court of Common Pleas
The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.
Legal Separation:
Legal separation may be sought for the following grounds: (1) adultery; (2) imprisonment; (3) willful desertion for 1 year; (4) cruel and inhuman treatment; (5) bigamy; (6) habitual intemperance (drunkenness); (7) when a final divorce decree has been obtained outside of the state of Ohio that does not release the other spouse from the obligations of the marriage inside the state of Ohio; (8) fraud; (9) neglect; (10) incompatibility; or (11) living separate and apart without cohabitation and without interruption for 1 year. [Ohio Revised Code Annotated; Sections 3105.01 and 3105.17].
Property Distribution:
Equitable Distribution
The applicable Ohio law that will dictate how property and debt is to be divided upon Divorce.
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