Ohio Courts generally look to three (3) factors to determine cohabitation: (1) an actual
living together; (2) of a sustained duration; and (3) with shared day-to-day expenses.
Cohabitation is often described as an issue of lifestyle, not a housing arrangement.
Whether cohabitation exists is a question of fact to be determined by the court on a case-
by-case basis.

Frequently cohabitation is described as a relationship with an unrelated person of the
opposite sex in a relationship tantamount to marriage. In my experience as a domestic
relations attorney in the Cleveland/Akron area, cohabitation is extremely difficult to prove
and, most often, not worth the time and expense associated with trying to prove it.

The post What is Cohabitation? first appeared on How to Divorce in Ohio.

• The child reaches the age of 18 and has graduated from or no longer attends high school on a full-time basis*;
• The child’s death;
• The child’s marriage;
• The child’s emancipation pursuant to a court order;
• The child’s enlistment in the armed services;
• The child’s deportation; or
• There is a change in legal custody of the child.

*The obligation for child support can continue once the child has reached the age of 18 so
long as the child continues to attend high school on a full-time basis. However, in this case,
the support cannot continue past the age of 19.

It is typically the obligation of the residential parent to notify the Child Support
Enforcement Agency of any reason why a child support obligation should terminate.
Although in my experience as a domestic relations attorney in the Cleveland/Akron area, it
is also a good idea for the non-residential parent to notify the Child Support Enforcement
Agency as well so that garnishment of the non-residential parent’s income can be stopped
before any overpayments are made. While the residential parent would be obligated to
return any overpayments, it is simply an unnecessary hassle (and possibly expense) which
can be avoided by a simple phone call.

The post When does Child Support Terminate? first appeared on How to Divorce in Ohio.

The post How is Child Support Determined? first appeared on How to Divorce in Ohio.

• The income of each party (from all sources);
• The earning ability of each party;
• The age and physical, mental and emotional condition of each party;
• The retirement benefits of each party;
• The length of the parties’ marriage;
• The standard of living established during the marriage;
• The education of each party;
• The assets and liabilities of each party;
• The contribution of each party to the education, training and/or earning ability of the other;
• The time and expense necessary for the spouse who is seeking support to acquire education, training or job experience necessary to allow them to obtain employment;
• The tax consequences for each party of an award of spousal support;
• The lost income production capacity of either party that resulted from the parties’ marital responsibilities;
• Any other factor the court deems relevant and equitable.

The post How is spousal support determined? first appeared on How to Divorce in Ohio.

Spousal support typically terminates at a specified time in the future, or upon the death of either
party, the remarriage of the spouse receiving spousal support, or cohabitation of the party receiving
spousal support. There are no “rules” for determining the term of a spousal support award, it varies
from county to county. Spousal support can be either non-modifiable or modifiable. If spousal support
is non-modifiable, the amount of support cannot be changed, it can only be terminated based upon
the above circumstances. If spousal support is modifiable, the amount of support can be increased or
decreased in accordance with the terms either agreed upon by the parties or ordered by the Court. For
example, spousal support may be modified in the event that one party loses his or her job.

Spousal support is taxable to the spouse who is receiving it and deductible to the spouse who is paying
it.

The post What is Spousal Support? first appeared on How to Divorce in Ohio.

After the Motion has been filed and your spouse or former spouse has been served with a
copy of the Motion, the issue will be set for review by the Court. Sometimes the filing of
the Motion is sufficient incentive for a spouse or former spouse to comply with an Order.
However, if that is not the case and the Court determines that your spouse or former
spouse is in contempt, the Court can order your spouse or former spouse to comply. In
addition, if your spouse or former spouse is found to be in contempt, the Court can order
them to pay your legal fees incurred in filing and pursuing the Motion.

If the issue is failure to pay child and/or spousal support, you can also contact the Child
Support Enforcement Agency for enforcement help.

The post How can you enforce a Court Order? first appeared on How to Divorce in Ohio.

The CSEA also offers a variety of other services, including establishing paternity,
establishing support orders, modifying and/or terminating support orders, and enforcing
support orders. The CSEA is also responsible for collecting and distributing spousal
support payments if parties chose or the Court orders such payment to go through the
CSEA.

Although its’ headquarters are located in Columbus, each individual county in Ohio has
its’ own CSEA office. You can contact the CSEA at (800)686-1556 or go to their website at
https://jfs.ohio.gov/Ocs/index.stm for further information.

The post What is the Child Support Enforcement Agency? first appeared on How to Divorce in Ohio.

There are many reasons why a Guardian ad Litem may be appointed. In some cases, one or
both of the parties may feel that a Guardian is needed to fully represent the child’s wishes
and/or interests. In some cases, the Court may be concerned about a parent’s behavior and
feel further investigation is necessary. Sometimes a Guardian ad Litem is chosen simply
from the list of approved Guardians; other times, the parties and their counsel are allowed
to mutually agree upon a Guardian.

A Guardian ad Litem must conduct his or her investigation in accordance with
Superintendence Rule 48 which includes interviewing the parties and the child, observing
the child with each party, and obtaining school and medical records. The extent of the
Guardian ad Litem’s investigation depends upon the facts and issues in each particular
case.

A Guardian ad Litem is paid based upon an hourly rate (the same as most domestic
relations attorneys); however, the hourly rate for a Guardian ad Litem is typically less than
that of an attorney and varies by county. A determination as to the division of the Guardian
ad Litem’s fees is typically made by the Court or by agreement of the parties at the end of
the case.

The post What is a Guardian ad Litem? first appeared on How to Divorce in Ohio.

If your case is heard by a Magistrate, the decision of the Magistrate (either called a Magistrate’s Decision or a Magistrate’s Order, depending on the issue) will include a recommendation to the Judge as to what the final order should be.  If you do not agree with the decision of the Magistrate, you can file an objection to the decision.  If no objections are made or, after considering any objections that are made, the Judge then issues a Judgment Entry in the matter.  If you disagree with a Judgment Entry, you can file an appeal with the court of appeals for that county.  There are procedural and time requirements for filing both objections and appeals which must be followed.

The post What is the Difference Between a Judge and a Magistrate first appeared on How to Divorce in Ohio.

As a domestic relations attorney, I typically have clients tell me that they do not want to request a TRO against their spouse either because they do not believe that their spouse would do those types of things or because they do not want to anger their spouse.  However, TRO’s are common in divorce cases.  Most attorneys do not draft requests for TRO’s containing any information specific to the parties or accusing the other party of doing anything wrong.  TRO’s are simply a form of protection against one party doing something inappropriate or detrimental during a highly emotional time in their life.

The post What are Temporary Restraining Orders first appeared on How to Divorce in Ohio.