Divorce & Dissolution: Helpful Facts to Know
continued
PARENTAL RIGHTS AND RESPONSIBILITIES FOR CARE OF CHILDREN
Under current Ohio law, it is presumed that the best interests of the child will be served if both parents are given equal rights and responsibilities for the care of the child, In making a determination under this presumption, the court will assign one parent as the residential parent and legal custodian of the child and the other parent as the non-residential parent. The court will then decide the remaining issues, including, but not limited to, the responsibility to provide support for the children and the rights of the parent who is not the residential parent to have continuing visitation with the children. Child support is usually ordered in periodic payments. Frequently the Court will also order support in other ways such as the payment of medical, dental, hospitalization, special education, camp, or travel expenses.
TAX IMPLICATIONS
Payment of spousal support may result in a tax deduction to the husband and income to the wife (or vice-versa), or the spousal support may be structured so as to avoid a taxable event. There are certain criteria that have to be met for spousal support payments to be deductible to the payor and taxable to the recipient. Your lawyer can inform you as to these criteria. Further, unless the parties otherwise agree in writing, only the residential parent may claim the children for purposes of dependency exemptions. No gain or loss is recognized on a property transferred to a spouse or former spouse so long as the transfer is made incident to a divorce or dissolution.
PSYCHOLOGICAL PROBLEMS
By the time a divorce or dissolution action is considered, further discussion about the problems of marriage may seem hopeless. Yet some marriage can be saved at this crucial time with the help of a clinical psychologist or psychiatrist. The spouses must both want to solve the problems or the counseling will be a waste of time and money. The attorney handling the legal problems can usually recommend psychological counselors. The psychological problems may be much more important than the legal problems. No breakup of marriage can ever be deemed a "success" but some are more "successful" than others. The key is dealing with the emotional problems realistically.
CONCLUSION
Marriage breakup is always tragic but real effort and goodwill coupled with professional expertise can relieve the emotional trauma. In the absence of an antenuptial agreement, there are no effective techniques to protect assets acquired during the marriage from the settlement. The practical solution is a negotiated settlement. As in other negotiating situations, if one party insists upon an agreement which is too one-sided, no settlement will result, and a decision will have to come from the judge to whom the case has been assigned for trial.
This article was contributed by James H. Allison, Attorney at Law, 7737 Olentangy River Road, Worthington, OH 43235, jha@iwaynet.net
(614) 848-6500
Other Related Articles:Article Archives
