Makowski Law Offices
Pamela Walker Makowski, Attorney at Law
P.O. Box 6312
Columbus, OH 43206
216-780-0105
614-245-0223 (facsimile)
- thoughtful, caring legal advice during life's most stressful times.
Child Support is calculated according the the Child Support Guidelines Worksheet. Most attorneys who practice in this area have a computer program to help them calculate it, but the formula is actually in the statute. Spousal support is a different matter. Most Courts use a FinPlan program, but that is only a guideline. Spousal support is based on several factors set forth in the statute. Getting to the actual numbers is probably the most difficult part of the calculation. After that, there are many factors, or deviations, that can apply, depending on your circumstances. Again, it is probably advisable to consult with an attorney on this matter.
You might want to consider reviewing these videos for a start. More detailed information, including links to the statutes, are provided below.
Spousal support is based on many factors. These are found in Ohio R.C. 3105.18. They are too numerous to include here, but basically the Court looks at the earning abilities of the parties along with lifestyle issues to determine the amount of spousal support. Therefore, it is not possible to really say that one party or the other will automatically pay support. It could also depend on the division of property or how close either is to retirement. Again, this is an important area for seeking counsel. In some cases, I have had clients willing to take a lot less but once they understand what they are entitled to, they end up getting an award that makes it worth having consulted with an attorney.
The Court is always free to adopt an order that the parties agree to, and usually prefers to do so unless there is some clear evidence that the "agreement" is being coerced or due to one party's lack of understanding of the consequences. If the amount of child support is different than in the guidelines, then a deviation is done, and it has to be supported by findings of fact and conclusions of law. Does this sound complicated? Not for an attorney, which is, again, why it is good to consult with an attorney. Spousal support can also have tax consequences for both parties, so analyzing this can be somewhat complicated. However, just know that after all of the dust has settled, it is possible to agree on a different amount.
An experienced divorce lawyer will be able to help you sort through this. Yes, often when a client comes to me for a divorce, we are dealing with a single household with two incomes that is struggling. Splitting this into two households is likely to make things worse. However, spousal support and child support are not decided in a vacuum.
The Court is not likely to award you money to pay for things that were not already part of that child's life, but if your child is currently enrolled in private school and you can convince the court that it is in the child's best interests to stay at that school, you may be able to have the Court award an upward deviation to cover that expense. You can also do this by agreement. On the other hand, if you are the one paying and you are also paying for extracurricular activities and medical expenses, you may be able to have the Court award you a downward deviation by taking all of these things into account. There are many other reasons for upward or downward deviations, these are just some examples. Again, an experienced divorce lawyer can help you figure out if this works for your situation.
Legal advice can only come from an attorney who is familiar with the area of law and familiar with your particular situation. A number of attorneys, including me, do not charge for the initial consultation. The information contained here is not legal advice, and is provided just to make you aware that you do have options. Please consult with an experienced attorney before making these significant, potentiall life-changing decisions.
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Everything here is just legal information and not legal advice. You should treat it as such. You should consult with a lawyer before applying this information to a specific situation. Of course, I hope that you will contact me, which you can do so by calling me at 216-780-0105 or emailing me by clicking here.
A word of warning (or, actually, many words of warning):
All of this information has been provided just to make you aware of the various options under Ohio law. This is legal information, not legal advice. An attorney-client relationship is not established just because you are reading this or even just because you contact me. Also, I am not responsible for content of material you may find by following the links not am I endorsing those sites since I do not control those other websites. I am providing these links just to give you access to more information. Do not send me confidential information until an attorney client relationship is established. When you contact me, we can set up a time to talk more in depth, at which point your information will be confidential.
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The information contained herein is intended to provide broad, general information about the law. Before applying this information to a specific legal problem, you are urged to seek advice from an attorney.