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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36581
Experience:  25 years of experience helping people like you.
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i have been married to my husband for 29 years. i make more

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i have been married to my husband for 29 years. i make more money than him, but i do not pay for anything that pertains to him such as his car payment, car insurance, cell phone bill, food, clothes, medical bills..etc. He doesn't pay rent and we literally stay on in different parts of the house. He has filed bankruptcy(without me) and received a lump sum from the sale of his parents house and i received nothing from the sale. is there a way for me not to pay alimony or spousal support?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

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Customer:
i have been married to my husband for 29 years. i make more money than him, but i do not pay for anything that pertains to him such as his car payment, car insurance, cell phone bill, food, clothes, medical bills..etc. He doesn't pay rent and we literally stay on in different parts of the house. He has filed bankruptcy(without me) and received a lump sum from the sale of his parents house and i received nothing from the sale. is there a way for me not to pay alimony or spousal support?
Customer:

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

FiveStarLaw :

Your Question - is there a way for me not to pay alimony or spousal support?

My Answer - Yes

Explanation - 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

FiveStarLaw :

I am still typing one moment please

FiveStarLaw :

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

FiveStarLaw :

The court also considers the standard of living established during the marriage. In your situation, you established a standard of living that

Customer:

WOULD THE FACT THAT I DO NOT SUPPORT HIM IN ANY OTHER WAY BENEFICIAL FOR ME?

FiveStarLaw :

your husband's expenses were not paid by you

Customer:

sorry, didn't mean to have my "caps lock" on

FiveStarLaw :

WOULD THE FACT THAT I DO NOT SUPPORT HIM IN ANY OTHER WAY BENEFICIAL FOR ME? - Yes

FiveStarLaw :

Yes that is the standard of living established during the term of the marriage

FiveStarLaw :

And is considered by the court

FiveStarLaw :

Here is the statute if you would like to review it: http://codes.ohio.gov/orc/3105.18

Customer:

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

Customer:

thanks

Customer:

what if he is applying for disability?

Customer:

which is a crock

FiveStarLaw :

What type of disability – private? SSDI?

Customer:

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

Customer:

except the fact that he doesn't pay rent or mortgage

FiveStarLaw :

How is he supporting himself

Customer:

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

FiveStarLaw :

If your husband's income from disability will not be sufficient to support him,you will likely be required to pay spousal support

Customer:

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....

FiveStarLaw :

Take pictures

Customer:

but he's not able to push his cart for work?

Customer:

and if it's 90 degrees he's still able to mow the lawn

FiveStarLaw :

You will want to take pictures to present to your attorney for evidence

Customer:

okay

Customer:

but i've told him he has to leave, so i am not sure if that's possible right now

FiveStarLaw :

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.

FiveStarLaw :

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

Customer:

thanks for your advice

FiveStarLaw :

I wish you the best of this difficult time

FiveStarLaw :

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.

FiveStarLaw :

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FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36581
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.
Hi,

How are things going? Is there anything else I can help you with?

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