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Will the court uphold the terms of my prenuptial agreement?

In this video, Daryle answers the question of “Will the court uphold the terms of my prenuptial agreement?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In Ohio, a court may find certain terms of a prenup to be unconscionable at the time of a divorce and may refuse to enforce unconscionable terms.

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TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

Can I have my child support modified if my circumstances have changed since the order was set?


In this video (https://youtu.be/ftqvHM2_-AY), Daryle answers the question of “Can I have my child support modified if my circumstances have changed since the order was set?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle

“You may request a child support modification if it has been less than 36 months since your last review if any of the following apply:

o The paying party has been laid off from work for 30 days or longer
o Either party has had a major change in income (increase or decrease)
o There has been an increase or decrease in the cost of health insurance or childcare
o The paying party is on active military duty
o The paying party has become Permanently disabled
o The paying party has been Incarcerated or institutionalized with no income or assets available to support the child” ​

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When can I have my child support reviewed?

In this video, Daryle answers the question of “When can I have my child support reviewed?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking:
If it has been more than 36 months since the last review or since the order was established, you can apply to have it modified or reviewed.

Please connect with us on our other sites via linktr.ee/tibbslawoffice

TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

Under what grounds can child support be terminated in Ohio?

In this video, Daryle answers the question of “Under what grounds can child support be terminated in Ohio?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking:
In Ohio, child support will terminate upon the following conditions:
The child’s death, the child’s marriage, the child’s emancipation, the child’s enlistment in armed service, the child’s deportation, change of legal custody of the child, the child’s adoption, or the obligor’s death.

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Could I be ordered to pay child support beyond my child’s 18th birthday

In this video, Daryle answers the question of “Could I be ordered to pay child support beyond my child’s 18th birthday?” Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
Yes, if your child is mentally or physically disabled and unable to support theirself, or if the child continuously attends an accredited high school beyond their 18th birthday, support will continue until graduation of high school.

Please connect with us on our other sites via linktr.ee/tibbslawoffice

TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

Will I lose custody in Ohio if I get deployed?

In this video, Sarah answers the common question of “Will I lose custody in Ohio if I get deployed?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Sarah

Deployment cannot be the basis for a change in circumstances for a child custody modification. The court can issue a temporary order or a temporary modifying parenting provision. This must contain termination provision that terminates 10 days after the deployment of the parent. The deployment must be issued as a reason for the modification. ​

Please connect with us on our other sites via linktr.ee/tibbslawoffice

TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

 

Will my spousal support be terminated if my spouse remarries?

In this video, Daryle answers the common question of Will my spousal support be terminated if my spouse remarries? Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In Ohio, there are no statutes that provide for automatic terminated of spousal support. If a decree specifically includes language that spousal support will be terminated upon cohabitation and/or remarriage, then it can be terminated under those specific circumstances.

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If my decree includes language that allows spousal support to be modified…?

In this video, Daryle talks about “If my decree includes language that allows spousal support to be modified, does the court have to modify it if it is requested?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In order to modify spousal support, the Court must find a substantial change in circumstances. If the court does not find a change in circumstances, it does not have jurisdiction to modify the spousal support.

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Can my spousal support order be modified?

In this video, Daryle answers the question of “Can my spousal support order be modified?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In Ohio, the court lacks jurisdiction to modify a prior order of spousal support unless the decree expressly reserves jurisdiction to make that modification. You will need to look at your decree and the specific terms of the document to determine if the spousal support can be modified.

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Juvenile Court: Custody of a Child by Two non-married People

My spouse had a baby with someone else during our marriage. I am not legally the parent of that child, right?

Sometimes spouses separate before they are divorced and begin relationships with other people. If one of the spouses has a child or gives birth to a child whose paternity is biologically not part of both spouses, this can cause confusion during the legal process.

A Married person has a child with a Non-Spouse

Ohio law states an unmarried mother is automatically the custodian of the child, unless a court order says otherwise. For paternity to be established formally, the non-married parent that didn’t give birth to the child must petition the court to establish paternity through DNA testing. If married person has a baby with a person that is not their spouse, then that child will not be subject to any divorce proceedings of the married parent, because the person that gave birth to the child is the custodian.  In this scenario, the Spouse of the married parent is NOT considered a parent of the child

A Married Person has a child with Someone other than their Spouse

The situation is completely different if a woman gives birth to a child during the marriage. If a woman gives birth to a child while married, the spouse is automatically presumed to be the other parent under Ohio law and the spouse’s name must be put on the birth certificate. Even if both parties know that a different person is the other biological parent, the hospital will likely still put the spouse’s name on the birth certificate. This presumption that the spouse is the parent, complicates the divorce process. When getting a divorce, the non-biological parent must then ask the court to de-establish paternity on the child to avoid including that child in the divorce process.