Cleveland Child Support & Spousal Support Lawyers

Financial support is an important consideration in divorce and custody cases. Ideally, it strikes a balance between one party’s needs and the other party’s ability to pay, but sometimes, the statutory formula doesn’t apply, or the court misses the mark.

Kvale Antonelli & Raj advocates for fairness and accuracy in the determination of child support and spousal support. Our Cleveland attorneys handle divorce and paternity cases in Northeast Ohio, as well as post-decree proceedings to modify court-ordered support.

What Is The Right Amount Of Support?

The Ohio child support guidelines are based on each parent’s income, the number of children, the percentage of parenting time, and other factors. These are a good starting point, but there may be reasons to deviate up or down. For instance, a self-employed parent may be underreporting income, or the parents’ combined incomes may exceed the guidelines. We also consider unreimbursed child care and health care costs, the child’s special needs, and whether the parents will subsidize college and other costs.

Spousal support (“alimony”) is less predictable. Although there are statutory guidelines, they are not formula-driven. Instead, a judge decides the amount and duration or whether support is merited. We have extensive experience negotiating and litigating spousal support, including petitions to modify or terminate support payments for a qualifying change of circumstances.

Will There Be Spousal Support (Alimony) In Your Divorce?

Spousal support, commonly known as alimony, is still very relevant in most Ohio divorces, from temporary supplements to permanent awards of monthly support. With many thousands of dollars at stake, having savvy legal counsel is critical.

The experienced divorce lawyers of Kvale Antonelli & Raj can protect your interests in determining, modifying, and enforcing spousal support. We regularly litigate and negotiate this issue within the broader context of divorce and property settlements.

Initial Determination Of Spousal Support

The purpose of spousal support is to help one spouse meet living expenses and maintain a certain lifestyle during and after divorce. Temporary spousal support may be ordered while the divorce is pending. Rehabilitative spousal support may be provided for a fixed period after divorce to enable a spouse to become self-supporting. Long-term or permanent support (traditionally called alimony) may be awarded to a spouse who cannot earn a living.

Ohio courts rely on statutory guidelines to determine whether spousal support is appropriate and the amount and duration. The judge considers numerous factors, such as age and health, education and work history, income differential, career sacrifices, and child-rearing duties.

We often resolve spousal support through collaborative divorce, helping parties develop a fair and equitable amount of support. The alternative is to have a judge determine the award. From years of divorce litigation, we can gauge how a judge would typically come down on the issue as a benchmark for negotiations or contested proceedings.

Revisiting Spousal Support

When an alimony recipient remarries or becomes financially independent, the paying party can petition to terminate or reduce support. If an ex-spouse has fallen behind on alimony payments, we can go to court to enforce compliance and pursue the arrears — or modify support if the former spouse has fallen on hard times.

Kvale Antonelli & Raj also helps clients pursue remedies for unpaid child or spousal support, including wage garnishments and contempt of court proceedings.

We understand the hardships that arise when support levels are incorrectly calculated, or obligations are unmet. Call our office or contact us online to arrange a consultation with our Cleveland lawyers.