Spousal Support Archives - Page 2 of 4

New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment

Often times when a couple divorces, a court will order one party to pay spousal support in Ohio and/or child support if there are minor children involved. And while it can seem that every, last detail from property division, to health insurance and retirement benefits is hammered out in the final decree, there may be an area that is too often overlooked.

What happens if the party obligated to pay child or spousal support suddenly becomes unemployed? Then what?

The Great American Insurance Group now offers Marital Settlement Agreement Insurance (“MSAI”), to insure divorce obligations during periods of unemployment. The program, which has been 40 years in the making, was developed by Richard S. Zizian, J.D., of the Zizian Agency in San Diego, California. It is now available in all states except Hawaii and Alaska.

Insurance Group Offers Spousal Support And Child Support Payments During Times Of Unemployment

In order to qualify, a person must be a full-time, W-2 wage earner. The holder can choose to pay the premiums annually, quarterly or monthly. The policy pays up to 24 weeks of benefits per year for child and/or spousal support payments. In addition, it covers obligations ranging from $450 to $9000 … Read More... “New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment”

LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!

SPOUSAL SUPPORT LEGAL ALERT

The Implications Of The New Tax Proposal On Your Divorce. Provision In New Tax Would Eliminate Spousal Support Deduction.

This could be a BIG deal in your divorce case! Are you planning on continuing your divorce case into next year? Are you perhaps in a position to complete it in 2017? The new tax proposal recently unveiled may make you think twice.

The Tax Cuts and Jobs Act contains a provision that would effectively eliminate the deduction that tax payers receive for making spousal support payments. Click here to read the full text of the proposed Act.

As the law currently reads (and has for around 75 years) , the person paying the support is allowed to deduct the amount, while the person being paid is required to claim it as income and thus, pay taxes.

When determining spousal support, courts take into account the fact that the paying spouse is able to deduct the amount of spousal support paid on his or her taxes. Should the new legislation pass as presently written, the payor spouse will lose their deduction, thereby raising their tax burden which may reduce the amount of income available for spousal … Read More... “LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!”

Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?

Spousal Support Can Be Secured With A Life Insurance Policy

In today’s world, it is not uncommon for married spouses to take out life insurance policies on one another. Of course, if you’re happily married, you hope and pray that you’ll never be in the place of having to cash one in. Nevertheless, such policies provide some “peace of mind” that should the unthinkable happen, the financial burden caused by such a tragedy may be a little easier to bear.

So, having a life insurance policy on your spouse makes sense, right? But what about having a life insurance policy on your ex, or soon-to-be ex-spouse? Can and should a divorce court allow this?

Many people would argue that in divorce cases where child support or spousal support is ordered, it is smart to have a life insurance policy in place on the parent who is obligated to pay. By doing so, it ensures that the children or receiving spouse will be supported even if the other spouse dies.

Therefore, it is fairly common for a spouse who wants to guarantee support, to request that their soon-to-be ex-spouse carry a policy naming them as the beneficiary.

Life insurance policies guaranteeing … Read More... “Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?”

Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

cohabitation divorce spousal support I couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties. For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers. I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.

I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional. Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage. One such aspect of divorce law that needed to catchup with the times was addressed by the Supreme Court of Virginia.

In Luttrell v. Cucco, Luttrell moved the trial court to terminate his spousal support obligation based on his … Read More... “Cohabitation Can Lead To Spousal Support Termination”

Spousal Support: Hidden Time Bomb!

Avoid Future Problems, Consult With An Attorney To Avoid Modification Of Spousal Support By The Courts.

Since divorce attorneys, like the rest of the population, do not have a crystal ball, making decisions regarding whether spousal support should be modifiable in the future are difficult. This is a very crucial area where individuals trying to navigate through a termination of their marriage without an attorney can run into huge problems.

In Ohio, the Court does not automatically retain jurisdiction to modify spousal support in the future. Instead, the Court’s future jurisdiction to reduce, modify or terminate future spousal support is controlled by the explicit language contained in the Final Decree of Dissolution or Divorce. The drafting of that language, therefore, is critically important. Of course, whether you are the payor or the recipient can have a dramatic effect on how you want that provision written.

Options to consider include the following:

The Court retains no continuing jurisdiction to modify spousal support in the future.
The Court retains full jurisdiction to modify both the term and amount of spousal support.
The Court retains limited jurisdiction to modify the amount of spousal support, but not extend the term.
The Court retains limited

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

Financial Affidavit in dayton ohio In Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).

The first step to avoid a “bad” Temporary Order is to make sure that your Financial Affidavit is through and accurate. On October 9, … Read More... “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio

In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents. In today’s society, people are much more mobile. Persons move to find employment, attend college, or due to military assignments. Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area. Some of those persons are parents of minor children. So, if Post-Decree problems occur, to which Court do they go for help or assistance?

I should explain that “Post-Decree” refers to situations which occur after the parties’ Final Judgment and Decree of Divorce or after the parties’ Decree of Dissolution of Marriage have been filed. So, the parties’ marriage has ended but issues may continue regarding spousal support, child support, parenting time schedules, transportation, etc. If the parties’ Final Decree of Divorce or Final Decree of Dissolution was filed in a state other than the State of Ohio, that Decree is referred to as a “foreign decree”. It is “foreign” in the sense that … Read More... “Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio”

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