spousal support - ohio

[itsjustin]

What is the name of your state (only U.S. law)? Ohio

Married for almost 10 years, i have been the sole support for the family the entire time. we have one child together, she does not work (She is capable, but chose not to). she has several medical concerns (back issues, previous cancer)...she has applied for and received several forms of gov aid (food stamps, medicaid, etc). the only "joint posessions" we have are the belongings in the house, which i've told her she can have. no cars in our names, don't own a house. the only income she has is $300 child support for a previous child... i earn about 42k a yr, bring home about $2600 a month... any ideas what i should expect to pay?? we want to try to just move on with a dissolution, but i need to make sure i'm not getting scammed into paying too much. also, how long?

any input is appreciated!

[Proserpina]

Originally Posted by itsjustin

What is the name of your state (only U.S. law)? Ohio

Married for almost 10 years, i have been the sole support for the family the entire time. we have one child together, she does not work (She is capable, but chose not to). she has several medical concerns (back issues, previous cancer)...she has applied for and received several forms of gov aid (food stamps, medicaid, etc). the only "joint posessions" we have are the belongings in the house, which i've told her she can have. no cars in our names, don't own a house. the only income she has is $300 child support for a previous child... i earn about 42k a yr, bring home about $2600 a month... any ideas what i should expect to pay?? we want to try to just move on with a dissolution, but i need to make sure i'm not getting scammed into paying too much. also, how long?

any input is appreciated!

Has your wife been determined as disabled by SSI/SSDI?

If she is able to work and refuses she would generally be seen as being deliberately underemployed; she will be imputed an income for CS calculations.

Hang around for the Ohio attorney/GA to stop by - she'll be able to give you a far more helpful and detailed response.

[itsjustin]

she was eligible for ssi 12 years ago but has not received benefits for at least 8 years due to my income. since that time, she has had 2 short term jobs. i do not believe she could hold down a 40 hour a week job. but she is capable of working part time....she has before. she went to the ss office and was told that she needed to reapply, and she does not think since she has had a job or 2 since then, that she will be eligible.....she doesn't think she will get anything from them.

thanks for your response.

[Ohiogal]

Originally Posted by itsjustin

she was eligible for ssi 12 years ago but has not received benefits for at least 8 years due to my income. since that time, she has had 2 short term jobs. i do not believe she could hold down a 40 hour a week job. but she is capable of working part time....she has before. she went to the ss office and was told that she needed to reapply, and she does not think since she has had a job or 2 since then, that she will be eligible.....she doesn't think she will get anything from them.

thanks for your response.

Okay wait. You have been married 10 years. She has not worked pretty much the entire marriage. Look at paying spousal support for approximately 40 months. The amount depends on various other factors. Who will have custody of the child? What are other expenses -- hers and yours?

[itsjustin]

she will retain custody and i will have visitation. she has another son (previous marriage) that she has custody of as well. yes, 10 years, she was 18, i was 19. currently we are both attending college, she is a few classes ahead of me.

expenses -

hers - the house she is living in is owned by her parents, she pays the mortgage (about $700)
- we have a loan on a van (in my name) that she is keeping (about $325)
- utilities on house
- minor credit cards in her name (total of maybe $1500 owed)

me - only thing i'm paying for is my apt and the utilities (and cell phone) total i'm probably paying $700ish maybe a little more per month

i also know that she is receiving aid from the state too....just not sure how much.

[LdiJ]

Originally Posted by itsjustin

she will retain custody and i will have visitation. she has another son (previous marriage) that she has custody of as well. yes, 10 years, she was 18, i was 19. currently we are both attending college, she is a few classes ahead of me.

expenses -

hers - the house she is living in is owned by her parents, she pays the mortgage (about $700)
- we have a loan on a van (in my name) that she is keeping (about $325)
- utilities on house
- minor credit cards in her name (total of maybe $1500 owed)

me - only thing i'm paying for is my apt and the utilities (and cell phone) total i'm probably paying $700ish maybe a little more per month

i also know that she is receiving aid from the state too....just not sure how much.

At this point she is unlikely to be receiving any cash aid. She may however be receiving medicaid and food stamps.

[Ohiogal]

Originally Posted by LdiJ

At this point she is unlikely to be receiving any cash aid. She may however be receiving medicaid and food stamps.

If she is receiving state aid, then Ohio has opened or is in the process of opening a Child Support case on OP. In which case, the amount of child support impacts things as would how they are calculating it.

[itsjustin]

well we talked again last night.... and now she is saying that she wants me to pay for medical insurance on top of the ss....her expectations are now at almost 70% of my take home pay....

i have scheduled a consultation with an attorney tomorrow.... but was hoping to have a better understanding of where i should be at prior to going in...

[Bali Hai]

Originally Posted by itsjustin

well we talked again last night.... and now she is saying that she wants me to pay for medical insurance on top of the ss....her expectations are now at almost 70% of my take home pay....

i have scheduled a consultation with an attorney tomorrow.... but was hoping to have a better understanding of where i should be at prior to going in...

You won't have any better understanding when you come out....trust me.

[itsjustin]

Originally Posted by Bali Hai

You won't have any better understanding when you come out....trust me.

HA!! well thanks for the encouragement!!! I guess I need to know, is it possible they will make me to pay out more then 50% of my income??

[Ohiogal]

Originally Posted by itsjustin

HA!! well thanks for the encouragement!!! I guess I need to know, is it possible they will make me to pay out more then 50% of my income??

Tes, it is possible between child support and spousal support that she will get more than 50% of your pay.

[Justice???]

her expectations are now at almost 70% of my take home pay....

You might want to think about how she arrived at this figure!

I would strongly recommend that you try to negotiate a settlement with her.
Fighting over any reasonable short term amount won't justify your additional attorney fees.