How long must I live in the County in order to file?

[outofmoney]

What is the name of your state? OH

My wife & I just moved to another County less than a month ago. We want to file a dissolution. Do we have to live here 90 days to file, or can we file in our former residential County? Also, is it possible for her to get temp child support for me since I am no longer in the home, or does she have to wait until we file for the dissolution?

[JETX]

Originally Posted by outofmoney

My wife & I just moved to another County less than a month ago. We want to file a dissolution. Do we have to live here 90 days to file, or can we file in our former residential County? Also, is it possible for her to get temp child support for me since I am no longer in the home, or does she have to wait until we file for the dissolution?

Nah.... you can go down and file tomorrow.

[Ohiogal]

Originally Posted by JETX

Nah.... you can go down and file tomorrow.

In Ohio you have to reside in the county for 90 days immediately PRIOR to filing for the court to have proper venue and jurisdiction. However she can go to CSEA in the county tomorrow and file for it. Of course it will probably take three months or so before she gets anything but she can file through CSEA.

[JETX]

Originally Posted by Ohiogal

In Ohio you have to reside in the county for 90 days immediately PRIOR to filing for the court to have proper venue and jurisdiction. However she can go to CSEA in the county tomorrow and file for it. Of course it will probably take three months or so before she gets anything but she can file through CSEA.

Damn... you take ALL the fun out of this... GRIN...

[Ohiogal]

Originally Posted by JETX

Damn... you take ALL the fun out of this... GRIN...

Sorry. Just trying to give correct legal advice. Don't always get it right but with this question...

[outofmoney]

Originally Posted by Ohiogal

In Ohio you have to reside in the county for 90 days immediately PRIOR to filing for the court to have proper venue and jurisdiction. However she can go to CSEA in the county tomorrow and file for it. Of course it will probably take three months or so before she gets anything but she can file through CSEA.

Since she's not working (and hasn't for many years) will child support be figured up on her having any income at all?

She's getting custody of our child & we get an adoption subsidy for him because he has medical problems. Will she get to keep that full amount & if so, will that be figured as her income?

He also goes to daycare because she is in school full time, 5 days a week. Will child support require me to pay that too?

When she graduates in 6months, will I be able to get child support lowered with her new income?

Since she has been a stay at home mom for 5 years, will I be required to pay her alimony?

Thanks!

[LdiJ]

Originally Posted by outofmoney

Since she's not working (and hasn't for many years) will child support be figured up on her having any income at all?

She's getting custody of our child & we get an adoption subsidy for him because he has medical problems. Will she get to keep that full amount & if so, will that be figured as her income?

He also goes to daycare because she is in school full time, 5 days a week. Will child support require me to pay that too?

When she graduates in 6months, will I be able to get child support lowered with her new income?

Since she has been a stay at home mom for 5 years, will I be required to pay her alimony?

Thanks!

The adoption subsidy goes with the child. Its designed to provide extra help for the child. No, it probably won't be figured as part of her income.

Yes, you will be required to share the daycare expenses, maybe even pay them in full until she graduates.

Yes, her getting a job is a change in circumstance that will allow you to petition for a modification of child support.

You may be required to pay some temporary alimony until she graduates.

Wouldn't it make a whole lot more sense to put off separating until she graduates and gets a job? If she is graduating in May that is only 4 1/2 months from now, not six. If you do proceed with the divorce wouldn't it also make more sense to agree that she remains in the house until she graduates and gets a job, (or at least until she graduates), and you provide an allowance to cover what you are already covering now? Your divorce would be a whole lot less complicated that way.

[outofmoney]

She is in a nursing program & she doesn't graduate until the end of July...

[LdiJ]

Originally Posted by outofmoney

She is in a nursing program & she doesn't graduate until the end of July...

Even if its July instead of May what I suggested still might make a whole lot more sense. Particularly since her career path is nursing. She ought to be able to get a job right away.

[Ohiogal]

A couple of corrections/elaborations to what LD stated:

The adoption subsidy goes with the child. Its designed to provide extra help for the child. No, it probably won't be figured as part of her income.

But it very well can be figured as income for the child. If it goes with the child and she is receiving it, it counts as household income.

Yes, you will be required to share the daycare expenses, maybe even pay them in full until she graduates.

Wrong. Mom should be imputed with an income and dad should argue that mom should be imputed with an income. Mom would be responsible for a percentage of the daycare as would dad after mom's childcare credit is subtracted out. THIS IS BASED on the idea that mom is going to be the primary physical custodian.

Yes, her getting a job is a change in circumstance that will allow you to petition for a modification of child support.

Correct.

You may be required to pay some temporary alimony until she graduates.

He will be required to pay child support. We dont' know nearly enough info about alimony. We dont' know what dad is earning. And he said they wanted to file a DISSOLUTION! That means EVERYTHING has been agreed upon prior to filing. No alimony then if he does not agree.

Wouldn't it make a whole lot more sense to put off separating until she graduates and gets a job? If she is graduating in May that is only 4 1/2 months from now, not six. If you do proceed with the divorce wouldn't it also make more sense to agree that she remains in the house until she graduates and gets a job, (or at least until she graduates), and you provide an allowance to cover what you are already covering now? Your divorce would be a whole lot less complicated that way.

Not necessarily. They want to file a DISSOLUTION and NOT a divorce. Two separate animals in Ohio. And why shouldn't SHE be required to support her child as well as pay some of her bills?