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Unhappy with the state-calculated child support amount?

Not everyone leaves their marriage with divorce terms with which they are truly satisfied -- particularly when it comes to money matters. Child support is one of those things that parents in Ohio and elsewhere tend to fight over. The state offers a basic calculation for child support that is used to find how much the support providing parent needs to pay. If you are unhappy with that base amount, you may be able to negotiate for more or less, depending on your circumstances and the needs of your children.

Child support is generally determined by looking at each parent's income, the number of children requiring support and the specific needs of those children. The base amount received by utilizing the state's child support formula is usually just enough to cover a child's most basic needs, not much more. The state stands pretty firm on that base amount, rarely allowing the paying parent to pay less -- unless a loss of income is experienced. The payment amount can go up if there is sufficient reason for it, such as the need to maintain a certain standard of living or if outside child care is required -- among various other things.

Ohio family law: When your ex won't follow the divorce agreement

A divorce agreement is a legally binding contract. Once signed, both parties are expected to live up to the terms; in fact, it typically is included in and survives the judgment of divorce. Unfortunately, some people in Ohio and elsewhere find that their exes will not abide by the settlement contract. When that happens, a family law attorney may be able to help with term enforcement. This type of issue is currently being seen in the Terry and Linda Bollea divorce case.

Terry Bollea, famously known as Hulk Hogan, was married to Linda for 25 years before their union officially ended in divorce. His wife reportedly did a lot to help him build his Hulkamania business. As such, she requested that she be granted 40 percent of future earnings as part of the divorce settlement. Hogan agreed to this, and he also gave Linda properties valued at $3 million and 70 percent of their liquid assets.

Ohio criminal law: Mother could face child endangerment charges

An Ohio mother could soon face child endangerment charges after her toddler was found wandering around outside alone. This type of charge is nothing to take lightly. If this mother is charged and ultimately convicted, she could lose her parental rights and face a number of other consequences. With so much on the line, this individual may find a criminal law attorney a valuable asset to have on her side.

According to a recent news report, a 3-year-old girl was found walking around the Warren Heights apartment complex unaccompanied on Jan. 11. She was wearing a jacket and shoes, but she did not have pants on. No one knows how long she had been outside. The police were called and it was not until a neighbor recognized the child that her mother was located.

Ohio family law: Is filing for divorce the right move?

When a relationship is in a rocky place, it can be difficult to see how it could possibly get any better. Not all marriages work out, but that does not mean divorce is the only answer when dealing with a struggling relationship. How can Ohio residents be sure divorce is the right move? How can a family law attorney help those who are considering ending their marriages?

Every marriage has its problems. Couples fight. They disagree on money issues, lifestyle differences, intimacy expectations and how to raise their children -- among a variety of other things. These disagreements are generally not enough to break up a marriage.

Ohio criminal law: Things to know about field sobriety tests

When police in Ohio suspect someone is driving under the influence of drugs or alcohol, they will likely initiate a traffic stop and test that person for impairment. There are several tests that they use to do this, which are called field sobriety tests. Those who fail these tests or refuse to take them may need assistance from a criminal law attorney to defend their position in court.

According to the National Highway Traffic and Safety Administration, there are three standard field sobriety tests that are recognized. These are the walk and turn, one-leg stand and the horizontal gaze nystagmus. All of these are looking for a person's ability to follow directions and perform certain physical tasks that are generally difficult for an impaired person to do.

Ohio family law: How to live with an ex

Every year, numerous Ohio couples choose to end their marriages. While many move out of the shared home and move on with their lives right away, there are others who continue living together until their divorces are finalized or well after that has occurred. Living with an ex is not necessarily easy, but sometimes, it is a necessity. With the assistance of a family law attorney, ground rules can be set to make the situation more manageable.

The first rule that will be discussed is: mind personal space. In a pre-divorce agreement or final dissolution agreement, it is possible to name personal space within a shared home. Usually, each party will be granted a bedroom that is off limits to the other party.

Ohio family law: Out-of-state child support issues

Sometimes after divorce -- whether for work, new relationships, the need for support or the need to start over -- some people relocate out of state. If these individuals are ordered to pay child support or have orders to receive it, they may have questions about how an out-of-state move will affect those orders. The truth is, all states are required to uphold family law orders, even if they were granted in another state. So, child support orders issued in Ohio or elsewhere will still stand regardless of where each parent lives now or in the future.

What makes this possible? The Uniform Interstate Family Support Act allows states to enforce child support orders, regardless of where the orders were written. For those trying to collect support from a former spouse who relocated out of state, this means that they can seek enforcement assistance from the payer's new state of residence. A few enforcement options available include:

  • Wage garnishment
  • Prosecution
  • Tax refund interception
  • Personal and professional license suspension

Suffer a personal injury or the loss of a loved one?

Have you suffered an injury or the loss of a loved one in an auto accident? Did a medical provider cause you or a loved one to suffer a personal injury? Did an incident at work leave you or a family member in pain and unable to return to work -- either temporarily or permanently? If so, according to the state of Ohio, you may have legal recourse.

People suffer injuries or the loss of loved ones in all sorts of events every single day in Ohio. When these events happen, there is usually an initial period of shock followed by planning for one's new future. During this difficult time, it is okay to ask questions like: Who is responsible for my losses and can I seek compensation?

Family law topic: Ideas to help kids cope with divorce

There are no set instructions for raising children. One Ohio family's needs may be quite different than another. However, when it comes to family law issues, such as divorce, there are certain practical ideas that are applicable in most situations that can help children come to terms with divorce and adapt to their new lifestyles in a healthy manner. 

One of the best things a parent who is concerned about his or her children in divorce can do is to make sure he or she is reaching out for support as needed. If a parent's emotions are all over the place, and a mother or father lacks the emotional energy or stability needed to be a source of support to children, it may have a negative effect on the whole family. On the other hand, when children witness their parent taking steps toward closure and emotional healing, they are more likely to follow suit regarding their own feelings. 

Ohio family law: Protecting your business in the event of divorce

A good number of men and women in Ohio own their own companies. The last thing they want is for something to tear their businesses apart. Unfortunately, the one thing that may end up doing just that is their marriages. The sad reality is, not all marriages make it. If, with the assistance of a family law attorney, the proper steps are not taken to protect one's business, it may not survive the divorce process.

A Forbes article was recently published regarding women business owners and how they need to divorce-proof their companies. In the article, it discussed two women in particular. One had co-founded a company with her husband and another who opened her business all on her own.

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John D. Smith Co., L.P.A.
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Springboro, OH 45066

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