How do you determine spousal support?

Unlike child support, there is no formula for spousal support in Ohio. Rather, the court examines a number of factors contained in a statute.

It's hard to predict how spousal support is determined.

It isn't possible to provide a simple answer to your question because every case involves a different set of facts and circumstances. When parties cannot agree on what is reasonable, a judge will have to decide after examining all the relevant factors, starting with comparing your wife's needs against your ability to pay.

It's based in large part on financial details, and is in the discretion of the judge.

Spousal support (alimony) is calculated two different ways. First, if the Order is a temporary order during a Dissolution of Marriage, the court will generally use a "Guideline" set by Legislature which requires a complicated mathematical formula but simply calculated by a relevant computer program. Second, for a "permanent" (not meaning forever) there are at least fourteen issues for the court to consider, and the "computer formula" is NOT used. This is where good lawyering comes in. Considerations in part are lifestyle during the marriage, the payor's ability to pay, the payee's need, health of the parties, ability to be self supporting, ability/hindrances to work, education, etc. When you are dealing with fragile economic issues, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!

It depends on the type of spousal support. Generally, here are the factors used to determine the amount and duration of spousal support: The duration of the marriage; (ii) The age of the parties; (iii) The health of the parties, including their physical, mental and emotional condition; (iv) The standard of living established during the marriage; (v) The relative income and earning capacity of the parties, recognizing that the wage earner's continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property; (vi) A party's training and employment skills; (vii) A party's work experience; (viii) The financial needs and resources of each party; (ix) The tax consequences to each party; (x) A party's custodial and child support responsibilities; and (xi) Any other factors the court deems just and equitable.

Spousal support is based upon many factors including the length of marriage, and (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds to be just and equitable.

It is unclear from you question whether final orders have been entered in your dissolution. If a Decree has been signed by the court establishing a court ordered obligation to pay spousal support (called "Spousal Maintenance" in Washington state), then you only option is to file a formal Petition for Modification of the Decree based on "significant change in circumstances" (i.e., your unemployment).

There is no fixed schedule for calculating maintenance. Some of the factors that the court is supposed to consider include: the ages of the parties, the duration of the marriage, the income of each of the parties, the work history of each of the parties, the health of each of the parties, and the education of each of the parties. The court uses these, and other factors to try to set a reasonable amount and duration of maintenance.

Spousal support is first and foremost a function of the length of the marriage, the amount of money available for support, the ability of the parties to support themselves in a lifestyle similar to that of the marriage, the education of the parties, has she worked during the marriage? At the end of the day, the issue is what do you have available. While you might not have much now, the question is whether in a short time, you will regain employment and be able to pay more. Can she work? Is she entitled to benefits, e.g., medicare, medicaid?

Dissomaster or X-Spouse. Depends on length of marriage.

Temporary support is calculated using a computer program called a Dissomaster. Long term support is based upon the marital standard of living (which is basically how the couple lived during the marriage and is not a set figure). There is no minimum or maximum period of time for support, but for marriages lasting less than 10 years, the rule of thumb is half the length of the marriage. There is often no set period of time for marriages longer than 10 years.