Ohio spousal support?

Geo-TH,In

Well-known Member
I know of a situation where a girl from Indiana moves to North Carolina. Married a man that was in the army. He was from Ohio. Wedding didn't take place in Ohio. After he leaves the army, they move to Ohio where he attended college. Marriage goes south, man is a jerk and orders her out of the house. She moves back to Indiana and finds a good job. They are still married. Man flunks out of college. He has no money. Now man claims she owes him support. Is that crazy? Does Ohio spousal support apply to a marriage that took place in North Carolina?
ohio spousal support
 
Asking and receiving are two different things but I think the first step for him or her to take is filing for a divorce. Depending on what state the D was filed in might change what would or would not be permitted or granted. I'm not sure on how they can go about it but would imagine if he filed for divorce he would do it in his state/county, but could do it in the state/county she lived in too and the same could work for her if she filed.

I would think all decisions and finances would be decided on up to the date they separated but that doesn't always happen either unless they are legally separated and/or at least terminated all mutual finances and debts etc. If he's a true deadbeat or whatever he could file and claim that she abandoned the marriage which could look bad for her.
 
"Now man claims she owes him support" Is that his opinion or a court order? If it's a court order how did he hire an attorney with no money?
 
So I assume he is suing her for divorce in the state of Ohio, which is legal since that's his state of residence. And he can ask for anything in his suit, but that doesn't mean he will get it.

She would be well-advised to retain an Ohio lawyer. If she doesn't respond to his suit, he wins by default. Whether or not he can collect anything while she resides in the Tarheel State is debatable, but it's best to meet such problems head-on.
 
George, that's exactly why the ONLY dissolution cases I accept are for Indiana married and Indiana residents and completely uncontested. I can get a couple divorced with NONE of us ever having to step foot in a courtroom if thats what they both want and the law permits and at a relatively very low cost. As far as an opinion (lay or professional) to your good question, absent having thoroughly researched the laws of those states regarding domicile, dissolution, support, maintenance, alimony etc. and sufficient "standing", I wouldn't bet much on any answers offered here.

John T Country Lawyer
 
John T is exactly right. I wouldn't ask us old geezer tractor mechanics for legal advice, same as I would not go to a attorney's group for the best advice on how to tune the carburetor on a Farmall H. Would you?
 
I meant no harm or disrespect, just offering an honest well intentioned opinion. Hey, there are a lot of fine gents here who try their best to help and I appreciate and respect them all. If you notice, however, any time a Legal or Electrical question is asked it draws more responses then most any other topics.

Unless I researched all those states laws and especially the Long Arm Statures and Domicile issues and who has standing and which state has what jurisdiction and which is the best Venue NO WAY I CAN ANSWER GEORGES GOOD QUESTION. Those questions of Venue and Jurisdiction among different states and Standing are VERY VERY COMPLEX and NOT for the timid or non professional in my opinion. But hey the answers offered here are free and worth every penny right lol

Best wishes, take care yall

John T
 
THanks, and I meant no criticism at all. We have several lawyers in our family, fine respectable professional men who we rush to when trouble arises. But you get my point. And you're exactly right, lots of free advice is many times worth every penny you pay for it.
 
Best answer, you can sue for anything, what you get is another thing entirely.


Buddy of mine was married for 14 years and had 3 kids with his wife. She started screwing around on him and eventually took off with her new man. She left the state and the kids stayed with him. Basically she got the car she was driving and nothing else (he got the minivan, the pickup, the house and all the furniture)in the divorce and he nailed her for child support and made it a court order for her to never leave their children (3 girls) alone with her new man (he had a staturory rape conviction that they tried to keep quiet) if and when they came to visit her.
 
Here's a thought-- if the jerk husband gets in some kind of trouble as long as she's still married to him she could be liable.
 
JohnT,
The crazy thing is he is getting evicted. Most likely the debt he is racking up will be hers some day. Crazy she doesn't want to file and he most likely doesn't have the money to file.

Good example why we need courts and lawyers to sort things out. I'm glad I never went through a divorce.
Geo
 
I think there is a case before the supreme court. Gay couple gets married in a state that was legal to do so. Now they want a divorce in a state that doesn't have gay marriage, so no divorce.

So if that's the case, if woman files for divorce in Indiana where she current resides, then there is no spousal support, because we have it .( I think?)
 
I personally have been through an "interstate" divorce. What I know to be FACT is that a court order issued in Ohio has NO STANDING in Indiana. Indiana is out of the jurisdiction of Ohio courts. My "ex" tried to enforce court orders from her state of residence on me. I had (by that time) relocated to another state for purpose of employment. I was told quite sternly by my attorney that a court order from another state has no standing in my state. She would have had to pursue a court action in MY state of residence in order to have jurisdiction over me. The one possible exception would be if my state were requested by her state to enforce a court order, they would then have the option of having a hearing in which I would have the opportunity to defend myself.
The one big exception is child support. Most starts have reciprocal agreements to enforce child support payments. Spousal support is another matter.

Speaking of which, spousal support is not just a matter of who makes more money. It has to do with the manner in which the couple split up. If he ordered her out of the house, in my state that would be considered abandonment without cause. Then things like adultery come into play as well as earning capacity, income levels, etc.

Of course, the laws DO VARY from state to state, and seemingly no two are the same. BUT, Ohio courts have NO JURISDICTION over Indiana residents. Indiana would have the option of reviewing the order, and may out of courtesy or reciprocity choose whether to honor it.

My humble opinion. Worth just what you paid for it.
 
(quoted from post at 04:50:07 07/29/15) John T is exactly right. I wouldn't ask us old geezer tractor mechanics for legal advice, same as I would not go to a attorney's group for the best advice on how to tune the carburetor on a Farmall H. Would you?

Goes without sayin.
 

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