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ONE LAWYER THAT I'VE SPOKEN WITH SAYS THAT I NEED TO HAVE MY HUSBAND MOVE OUT OF THE HOUSE EVEN IF I HAVE TO PAY HIS RENT. AND I WOULD HAVE TO PAY ABOUT $1500 IN ALIMONY/SPOUSAL SUPPORT
Your Question - is there a way for me not to pay alimony or spousal support?My Answer - YesExplanation - Spousal support is determined on a case to case basis.There is not a specific formula that the court must adhere to in awarding support
I am still typing one moment please
Ohio law requires that the court consider 14 factors when determining whether spousal support should be awarded. The length of the marriage and the income of each party are the factors that are most heavily weighted but there is no general rule requiring support to be awarded simply because your income exceeds that of your husband
The court also considers the standard of living established during the marriage. In your situation, you established a standard of living that
WOULD THE FACT THAT I DO NOT SUPPORT HIM IN ANY OTHER WAY BENEFICIAL FOR ME?
your husband's expenses were not paid by you
sorry, didn't mean to have my "caps lock" on
WOULD THE FACT THAT I DO NOT SUPPORT HIM IN ANY OTHER WAY BENEFICIAL FOR ME? - Yes
Yes that is the standard of living established during the term of the marriage
And is considered by the court
Here is the statute if you would like to review it: http://codes.ohio.gov/orc/3105.18
no, his expenses were not paid by me. he stays in one part of the house (which we live in the house with my mother) and he has all of his things there, mini frig, microwave, tv computer his own entrance
what if he is applying for disability?
which is a crock
What type of disability – private? SSDI?
i'm not sure, he was a custodian at kent state university and in the fall of 2011 he had some type of surgery done on his shoulder and he hasn't been back to work since....and again during this whole time have still have not provided any assistance to him
except the fact that he doesn't pay rent or mortgage
How is he supporting himself
however, i know he has a couple of cell phones, a nice laptop and he drives a newer cadillac...so he is getting money from somewhere. I would believe that he exhausted all of his "short term" disability from kent state and then he may have been approved for full disability
If your husband's income from disability will not be sufficient to support him,you will likely be required to pay spousal support
i'm not sure if its for his heart or whatever, but i will say the couple of things that he does do...is mow the lawn, attempt to use the snow blower and drags the trashc cans to the curb....
but he's not able to push his cart for work?
and if it's 90 degrees he's still able to mow the lawn
You will want to take pictures to present to your attorney for evidence
but i've told him he has to leave, so i am not sure if that's possible right now
Your original question was – is there a way for me not to pay alimony or spousal support?– From the information you have provided it does appear that you may be able to avoid spousal support since your husband has been supporting himself during the term of the marriage.
However I suggest you meet with a different local attorney for a 2nd opinion. The nuanced details of the matter, need to be evaluated on a face-to-face basis
thanks for your advice
I wish you the best of this difficult time
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