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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

I. ESTABLISHING RELATIONSHIPS

A. Husband and Wife
1. Antenuptial Agreements (aka Prenuptial Agreements)
a. K entered into bet. man & woman in contemplation of M; parties
stand in fiduciary relationship
b. Sets/releases propty or support if divorce/death
c. Requirements:
(1) Entered freely w/o fraud duress coercion overreach
(2) Full disclose nature value extent each's property
-> Attached schedule assets & liab. best
(3) Terms don't promote/encourage div. by profiteering
d. Spousal Support part must be conscionable at time goes into play
(not property division)
2. Common Law Marriage
a. Invalid after 10/10/91; b/4 or foreign state OK; burden of proof
on 1 claiming to show by clear & convincing
b. Requirements:
(1) Mutual agreement to marry in present tense words
(2) Accompanied by cohabitation as H&W
(3) Hold out to community as H&W
(4) Regarded/treated as H&W in community where live
(5) Competent/eligible to marry at the time
3. Statutory & Ceremonial Marriages
a. Voluntary union for life 1 man & 1 woman to exclusion all others
(state is 3P)
b. Who May Marry: (1) males 18+ (2) females 16+ (3) not closer kin
than 2nd cousin (4) no other spouse living
c. Minor needs residt'l parent/custodian, juv ct consent
d. Need Probate Ct issued Marriage license good 60 days
e. Solemnized by: Co./Mun. probate Ct judge, mayor of mun. corp.,
deaf sch. super, relig. society under its rules
f. 1st M presumed valid over 2nd; 1 claimg 2nd M valid has burden
show 1st invalid (death presumed absent 7 yr)

B. Parent and Child Relationships
1. Adoption (done by Probate Court)
a. Can be adopted: (1) Minor (after 1/1/74 under 18) or (2) adult
total & permanent disabled, mentally retarded, previous foster child or
step child who consents & petition w/in 3 yrs of adulthood
b. Can adopt: (1) H&W (2) unmarried adult (3) unmarried minor of
adoptee (4) stepparent (5) Married adult w/o other spouse if (a) other
is parent & consents (b) legally separated or written septn from other
spouse
c. Must written consent: (1) mo. of minor (2) father of minor if
conceived/born while married to mo., his by adoption, established his by
ct proceeding (3) person/agency w/ permanent custody (4) juv. ct if no 1
else (5) child 12+ unless not in best int. (6) alleged (putative) father
if named in parentage suit, HE filed app. to legitimate, signed cert. as
informant, filed objectn to adoption process
d. No Consent Needed From: (1) alleged father unless did above (2)
parent relinquished right (3) parent rts severed by juv ct (4)
incompetent guardn (5) guardn unreas. w/holdg consent (6) spouse of
adoptee if unreas. refusing (7) parent whose not communicated or
supported child 1 year prior
e. Withdrawal of Consent: must be b/4 final or interlocty decree;
ct must find in adoptee's best int. & authorze (hear'g notice to
adoptor, w/drawer & placement agency)
f. Accountg w/ ct for (1) dr. bills (2) hosp. exp. (3) atty's fees
(4) agency exp. (5) temp. health ins.
g. Investigatn of kid's health, adoptor phy/mental health, kid's
family backgr., reason to place & kid wish of age
h. Interlocutory or Final Decree: uncontestable for any reason
after 1 year; decree=parent/child blood reltnshp
i. Recd Confidentiality: if bio consent to release, can give ID'g
info to kid once 18
2. Paternity Proceedings (PARENTAGE cases)
a. To determine existence/lack thereof of parent/child relationship
& if 1, to set child support
b. Must file w/in 5 years of reaching 18
c. Man REBUTTABLY presumed father if: (1) man & mo. married & born
or w/in 300 days after M ended or sep'd (2) good faith attempt to marry
invalid & born w/in 300 days (3) post-birth M'd or attempted to &
acknowledged paternity or consent to name as father on birth cert. or is
a written vol. prom./ct order to support child (4) man w/ consent signed
cert. as informant
-> Can rebut presumptions by clear & convincing evid.
d. Parties: mo., child, each presumed or alleged father
e. S/Matter Juris: Juv. Ct, Com. Pleas if divorce/disstn/ legal
septn pending, or Child Suppt Enforcement Agency
f. Personal Juris: if had sexual intercourse in state
g. Genetic Tests: % ratio results; indigent free HLA
h. Permissible Evidence: (1) intercourse w/ mo. at possible
conceptn time (2) expert opinion on probabilty of paternity (3) genetic
tests (4) medical evid. (5) other relevant evid.

II. RIGHTS AND DUTIES

A. Husband and Wife
1. Contracts Between Spouses:
a. Can have regular Ks bet. them if fair & reasonable
b. Marital K imposes mutual duties respect, support, fidelity;
can't alter these by K unless in separation agreement & actually
separate
2. Spousal Contracts w/ 3P:
a. Freely do w/ 3P as if unM'd, separate people w/o bindg other; no
agency in M or vicarious liab. for tort
b. No liab. on charges w/o authoriztn even if necessaries
3. Property Rules (Real/Pers. can hold/dispose as if unM'd)
a. 1's property s/to: (1) duty to support spouse (2) dower interest
and (3) descent & distribution statutes
b. Joint Property: tenants in common unless otherwise
c. Marital Property: anything acquired by 1/both during M and all
income or appreciation on sep. property due to labor, $ or in-kind
contrib. of EITHER OR BOTH spouses during M
d. Separate Property: Not divided. (1) property b/4 M (2) gift,
bequest, devise, descent (3) property acquired in exch. for non-M
property (4) passive income & appreciatn from separate property (5)
property acquired after legal separatn (6) property excluded in valid
antenuptial agreemt (7) P&S from pers. injury suit
e. Gifts Between Spouses: presumed valid & OK unless rebut
f. Eviction from Marital Home: can't exclude spouse from dwelling
w/o ct order or decree
4. Mutual Duty to Support (gender neutral 1991)
a. Each married person must support self & spouse from his property
or labor & if unable other spouse must help; duty to support can be
altered during M if ct decree of legal separation or valid separation
agreemt
5. Inter-Spousal Tort Immunity: abolished in Ohio
6. Tort Recovery Against 3P: For loss consortium, companionship,
affection, serv. (intent'l infl. emot. dis.)
7. Domestic Violence (civil or criminal)
a. Protects household member from other household member
b. Criminal Remedy: Request for TPO filed w/ crim. complt; excluded
from home under temp. protectn order; hear'g w/in 24 hrs; TPO good until
crim. action done; 1st deg. misd, 4th deg. felony if prior
c. Civil Remedy (faster than motn to vacate marital home)
a. File in domestic or common pleas division
b. Seek Civil Protectn Order; ct can grant ex parte temp.
protectn order (exclude from home school bus. work, restrain from abuse,
temp. custody & vistn rts, child/spouse support)
c. Hear'g w/in 7 days if evict, 10 if not evicted; can then grant
civil protectn order good max 1 yr or 60 days after div. dissoltn action
filed

B. Parent and Child
1. Transactions: can make Ks, gifts, convey, receive $ for serv. &
sue each other; no automatic agency relationshp
a. Coveyances: From parent to child in suppt agreemt valid if (1)
knows/comprehends value of property (2) knows those dependent on or
entitled to his bounty (3) voluntary. LOOK FOR UNDUE INFLUENCE/FRAUD BY
CHILD
b. Gifts: valid if freely/voluntarily done. PRESUMED GIFT if (1)
transfer of $ from parent to child (2) $ gift to adult child, unless
debt agreemt. PRESUMED NOT GIFT if to child tender yrs & parent retains
custody
c. Emancipated Minors: 18, marriage, self-supptg, Service
-> Can K w/parents; utmost good faith/fiduc. reltnshp)
-> Maj age, living w/ parents, $ if work at request
2. Child Contracts w/ 3P: K VOIDABLE by minor until 18; once 18
disaffirm or ratified. Not VOIDABLE any age if necessities, K imposed
by law, or K imposing legal duty (M)
3. Duty to Support (mutual duty father/mother for necessaries)
a. Ct in divorce can order parent(s) continue support past 18 for
then minor mentally/physically handicapped kid
b. Step no obligatn support stepchild unless in loco parentis or
held himself out as liable to creditors (can still recover from natural
father)
c. Those w/ pre1974 decree pay support until child 21
d. Necessaries are basics but also look at child's envir. &
parents' ability (3P can supply & seek recovery)
e. Criminal Nonsupport: 1st deg. misd.; inability to pay complete
defense
4. Parent-Child Torts: immunity abolished 1985; can sue each other
for neglig. or intent'l acts
5. Child-3P Torts: child sues for injuries; parents for loss of
services & society
6. Malicious Assault, Theft, Vicarious Liability: parents liab. for
willful/malicious property damage or theft to $3,000; willful/malicious
assaults to $2,000

III. TERMINATING THE MARRIAGE RELATIONSHIP

A. Divorce
1. Uncontested: Either worked out support, propty, debts, fees,
parent rts/resp./vistn issues or Other Side No Show
2. Contested: Same as legal separatn except foreign div. puttg all
obligations on other spouse; ct decides "incidents"
3. Jurisdiction: 1 bringing Ohio resident 6 mos.
4. Venue: co. P resided 90 day rt b/4 filing, co. D resides, co. D
prin. place bus., co. D acted giving rise to claim for relief

B. Dissolution of Marriage
1. Voluntary; no grounds needed; parties enter separation agreemt for
(1) propty div. (2) child/spousal support (3) child custody & vistn
2. Once agreement, file then hear'g after 30 & b/4 90 days; if still
your wish & voluntary agreement, incor. into decree
3. Can change mind at dissoltn hear'g; ct must dismiss; signed
agreement still binding if agreement provides
-> Other can just take agreement & file for divorce
4. Jurisdiction: 1 party Ohio resident past 6 mos.
5. Venue: co. where 1 party resided 90 days prior to file

C. Legal Separation (you get a Decree of Legal Separation)
1. Same as w/ divorce, can be uncontested (agreement) or contested w/
grounds & ct decides incidents; different from divorce in that doesn't
end legal existence of marriage
2. Jurisdiction: need proper venue only
3. Grounds: (1) living spouse when M (2) willful absence adverse
party 1 yr (3) adultery (4) extreme cruelty (5) gross neglect of duty
(6) habitual drunkenness (7) imprisonment (8) incompatibility. NO FAULT
GROUND: (9) lived separate & apart w/o cohabitg for 1 year
4. Might want for relig. purposes, tax or health ins. reasons

D. Annulment (M VOID from outset, bigamy or VOIDABLE by ct)
1. Jurisdiction: 1 bringing has been Ohio resident 6 mos.
2. Grounds: (1) under age at time M (2) former living spouse & M not
dissolved (3) adjudicated mentally incompetent, unless restored &
cohabited (4) consented by fraud unless then cohabits (2 yrs from
getting knowledge) (5) forced consent, unless cohabit (2 yr SofL) (6) M
never consummated
3. Void M s/to collateral attack by 3P; voidble only by H or W; void
can walk away and voidable must end thru court
4. Equitable action, ct does equity both parties. Power to set
parental rts/resp./support & divide marital property but generally no
power to award spousal support

E. Separation Agreements (alter legal relatnshp; fiduciary duty)
1. No Court Action: Must separate & live under terms of voluntary
agreemt; no ability to enforce in domestic rel. ct; sue only under K
theory (no power of state behind you as when inc. in decree)
2. Agreement Merger in Court Actions: Can be inc. in decree for
divorce, annulment, legal separation or dissolution; then enforced as
court order (state behind you)
-> If decree legal separatn or just voluntarily separated, then
reconcile, agreemt revoked re: support but NOT property (should have
separate agreement revoking)
3. In-Court Separation Agreements: prior to or during trial in
divorce, legal separation or annulment reach agreement; can be written
up and oral/written acknowledgment to ct it's OK
4. Survival of Agreement: agreemt & then back out of divorce,
dissolutn, legal separatn: terms survive if so provide

F. Division of Property
1. Ct has wide discretn to make equitable awards in divorce or legal
separatns (appeal: arbitrary, unconscion. abuse)
2. Separate Property: Ct shall disburse separate propty, unless part
of distribtv award (must make WRITTEN FINDINGS)
3. Marital Property: each held contributed =ly to producing
a. Should divide 50-50 unless it would be inequitable
b. Statutory factors that must be considered: (1) length of M (2)
assets/liab. of each (3) need to give home to spouse w/ custody (4)
liquidity of property (5) desire to keep an asset intact (family bus.)
(6) tax consequences (7) cost of sale for an asset (8) division of
property set in sep. agreemt (9) any other relevant factor
c. Once divided, no juris. to modify the division
d. Distributive Award: separate propty given to make property
division equitable (e.g. family bus.)
e. Property division is not taxable to either party

IV. NEW LEGAL RELATIONSHIPS

A. Spousal Support
1. Can be awarded divorces, dissolutions, legal separatns (pendente
lite during proceedings if request)
2. Award discretionary; gender neutral; fault not considrd
3. Usually period paymt, can be lump. Can state terminatn events or
if doesn't statute says ends on death
4. Jurisdiction: Divorce only in rem OK but for child/spouse support
need personal
5. Standard: what's appropriate & reas. (Not NEED based)
6. Don't think about until property divided & distrib. award made,
THEN DETERMINE IF SUPPORT IS REAS. & APPROPRIATE
7. Statutory factors must consider: (1) income of each from all
sources including divided property (2) earning abilities of each (3)
ages, phy/mental/emot'l condtn each (4) retirement benefits of each (5)
duration of M (6) extent inapprop. residential parent to work outside
(7) living standard during M (8) educ. of each (9) assets/liab. of each
including ct-ordered paymts (10) contrib. to other's
educ./traing/earning ability (11) tax conseq. (12) lost income productn
from marital resp. (13) any other relevant factor
8. Paymt can be to spouse, former spouse, 3P for benefit of spouse if
for sustenance & support
9. Ohio doesn't recognize palimony
10. DEFENSES TO SPOUSAL SUPPORT: antenuptial K where basis of divorce
is aggression of other spouse; void M, unless innocent party to bigamous
M; H makes reg. & substan'l allowance since separtn; H offers good faith
reconcilatn; abandonment for good cause & spouses cohabitate

B. Allocatn of Parental Rights & Resp. for Care of Minor Children
1. Ct, in its discretion, decides between shared parenting or
residential parent/legal custodian in 1 parent
a. Replaced custody concept - can be IMPOSED by court
2. Plan is written up for = shared parentg or dividg up rts & resp.
as appropriate
a. Both submit jt plan ct can override if not "best interests"; 1
submits Plan & other ordered to submit 1; ct sets final plan
b. Does away w/ testimony from child 12+; chambers interview (any
age) if requested or sua sponte
c. Prior domestic violence involvement/conviction, abuse allegatns
weigh against shared & for legal custodian status in 1 parent
3. Residential v. Nonresidential Parent: if neither parent requests
shared parenting, or if 1 or both request but not in best interests, ct
allocates rts/resp. as in kids best interests primarily to 1 parent,
designating them as residential parent & legal custodian
a. VISITATION not mandatory; ct gives to nonresidential as "just &
reas."; grandparents have rt to visitation
4. Statutory Factors for Best Interests of Child:
(1) wishes of parents (2) any wishes of child expressed in chambers
(3) child's interaction & relatnship w/ parents, siblings, others (4)
child's adj. to home, school & community (5) mental/phy health all
involved (6) parent more likely to honor/facilitate visitatn &
companionshp rts (may be deciding factor if both good) (7) whether
either has failed to make all child support paymts (8) convictn/
involvement w/ domestic violence or abuse to household member (9)
whether has continuously/willfully denied other rt to visit (10) whether
either intends foreign residence
5. Additional Factors if Shared Parenting:
(1) Parties' ability to cooperate & make decisions jtly re: kids (2)
ability to encourage sharing love, affectn & contact bet. child & other
parent (3) any hx potent'l/ actual child/spouse abuse, domestic
violence, parental kidnapping (4) geographic proximity of parents (5)
guardian ad litem recommendation
6. Modification of Child Custody/Shared Parenting
a. Once decree allocates parental rts/resp., ct SHALL not modify
unless substant'l change has occurred in circum. of child, residential
parent, or either parent s/to a shared parenting decree AND modiftn
nec'y to serve best interests. Shall retain prior residential parent or
shared parentg decree unless:
(1) residential parent or both under shared parentg order agree
to a change in the residential parent
(2) child, w/ residential's consent or both under shared parentg
decree, has been integrated into family of 1 who wants to be residential
parent
(3) harm likely to be caused by envir. change outweighed by
advantages of the envirt change
-> If 1 of these 3 things has occurred: (a) parent of prior non-
shared parentg decree can move for shared parentg if files plan & in
best interests (b) parent of prior non-shared parentg decree can seek
modftn of distrib. of rts/resp. of parties & ct finds in best interests
of child to so modify
b. In shared parentg plans incorporated in decrees, both parents
can jtly modify unless not in best interests

C. Child Support
1. During Marriage: H&W mutual duty to support kids during M,
including biological & adoptive parents, by property/labor
2. Post-Majority Age: Parental duty continues if child attendg high
school full-time, even if decree says only til 18; pre-1974 decrees
juris. continues to enforce until 21
3. Child Support Upon Divorce, Legal Separatn, Dissolution:
a. Not that import anymore due to child suppt guidelines
b. Ct can order either or both to support or help support, w/o re:
to marital misconduct
c. Ct considers all relevant factors, including: (1) fin'l
resources/earng ability of child (2) assets/resources/ needs of
residential parent (3) living standard each parent & standard if M had
cont'd (4) phy/emotnl condtn & need of child (5) fin'l
resources/assets/needs both parents if shared parentg (6) need/capacity
for child's educ. & opptys if M hadn't ended (7) earning ability each
parent (8) age of child (9) each parent's resp. to support others (10)
value of serv. contrib. by residt'l parent
4. Child Support in Parentage Cases: support determined based on
guidelines and same factors above, except consider living standard if
had M'd
5. Child Support Guidelines
-> Enacted pursuant to mandate of Fed Child Suppt Enforcement
Amendments of 1984; so uniform from county to county
a. Rebuttable presumption that amt calculated in guidelines from
combined gross income is appropriate & court should order such pd
unless: THE AMT WOULD BE INAPPROPRIATE & NOT IN BEST INTERESTS OF CHILD
(must then make fact findings)
b. If combined gross income <$6000 ct sets case by case
c. If combined gross over $120,000, amt set case by case
considering needs & living standard of kids & parents
(1) But must at least apply same % to the excess unless unjust or
inappropriate & not in best interest (then written findings required)
(e.g. % for 1 child at $120,000 is 10% so must use 10% of excess)
-> 2 = 15.5%; 3 = 19.5%; 4 = 22%; 5 = 23.9%; 6 = 25.6% d. In determining whether guideline amt would be unjust or
inappropriate, ct may consider: (1) special/unusual needs of child (2)
obligatns for kids not of this M (3) other ct-ordered paymts (4)
extended times of visitatn or extraordinary costs w/ visitatn (5)
mandatory wage deductions (6) disparity in income bet. parties or
households (7) benefits either gets from reM or shared living exp. (8)
amt of fed/state/local taxes pd (9) in-kind contrib. of parent including
lessons, sports (10) any other relevant factor
e. Modification of Child Support Orders
(1) Can be had if SUBSTANT'L CHANGE OF CIRCUM. shown
(2) Automatically considered substantial change if:
(a) 1 requests modification and, upon recalculation of amt
under current condtn there is a 10% diff. up or down in the amt of
support under the prior order
(b) Inadequate coverge to provide for medical needs
f. Ct verifies income via returns/stubs when setting amt
g. Built into guideline amt are exp. for ordinary medical & dental;
extraord. by order apportioned any amt approp
h. Medical/Dental Ins.: ordered by ct in addtn to support amt;
payor if has reas. group plan, payee if doesn't; or co-ins. if both
have; if none try to get at reas. cost or else become self-insurer

V. POST-DECREE ENFORCEMENT

A. Continuing Juris: by domestic relations ct issuing original J

B. Methods of Support Enforcement: (1) contempt of court (2) execution
(e.g. garnishment) (3) wage w/holding & payroll deduction (child
support) (4) URESA for those left co./state (5) Child Support
Enforcement Agency (CSEA) adm. enforcement
1. CSEA Enforcement: payee owed spousal/child support repts
delinquency & they enforce administratively
2. Enforcement by Private Counsel: file Motion to Show Cause why not
in Contempt, served on payor; can get arrearage, interest, atty fees,
fines $250-$1,000, 30 day prison 1st, 60 days 2nd, 90 day 3rd, 4th deg.
misde. on 4th
3. Ohio law seriously delinquent put on "Most Wanted" posters
4. Ohio adopted Income Source Rule from Fed Child Support Amendments
of 1984
a. Child/spousal support from 3P (regardless of fault)
b. Pecking Order: wages, bank accts, retirement accts, unemploymt
compensation, work comp, lottery, posting bond w/ clerk office
5. Uniform Reciprocal Enforcement of Support Act (URESA)
a. Provides for enforcement by 1 state of another's order
b. Initiating state (Ohio) files in responding state (X) and payor
called into court in X to tell why not pd
c. Quasi-criminal proceeding
d. Emasculated now b/c Child Support Enforcement Amendmts feds
required adopt in all states PROVIDE FOR INTERSTATE ENFORCEMENT OF CHILD
SUPPORT ORDERS
(1) E.g., Ohio support order, H works in Mich., can get Mich. to
honor the Ohio order b/c reciprocity among all states now by fed law

C. Defenses to Spousal/Child Support Enforcement
1. Lack of s/Matter Juris of original court
2. Financial Inability of Obligor if not voluntary
3. Bankruptcy: child/spouse support nondischargeable, propty div. is;
B-ct looks beyond decree words to see if really in nature of
spouse/child support
4. Subsequent Agreement: Obligee can forgive arrears/paymt if NOT
getting public assistance (where has assigned the rt)
5. Emancipation: When 18 unless decree otherwise or still attending
high school
6. Denial of Visitation: Not sufft reason to w/hold support; supposed
to seek contempt order/penalties for vistn denial
7. Death or Remarriage: Ends spousal support as matter of law; for
child support Re-M is factor considered in modifying prior orders; death
of non-payor doesn't change support except that payor will now probably
get custody
8. Laches: Failg to assert rt for long time not a valid defense
unless caused material prejudice to Payor

D. Child Custody & Visitation Enforcement
1. Initial Juris: Ohio must have valid Juris to determine custody &
vistn unless given Juris under UCCJA
a. Cont'g Juris: Once determines, has contin'g Juris of decree
until child emancipated, majority age or UCCJA
2. Uniform Child Custody Juris. Act (Parentg Determtn Juris)
a. Under UCCJA, unless Ohio is the issuing court, can't determine
rts/resp. for care or vistn of kids unless:
(1) Ohio home state of child at commencemt of case or has been
home state w/in 6 mos. b/4 commencing, and 1 parent still here
(2) In best interests of child that Ohio assume Juris b/c child &
parent have signif. connection w/ Ohio
(3) Child physically in Ohio & is abandoned or has been subjected
to mistx or abuse
(4) Appears no other state would have Juris under these
provisions or another state has declined Juris
3. Methods to Enforce Child Custody/Vistn: contempt of ct, habeas
corpus to enforce prior custody order, criminal proceedings
4. Defenses to Child Custody/Vistn Orders: invalid juris, not in best
interests of child

VI. POST-DECREE MODIFICATIONS

A. Modification of Spousal Support
1. Jurisdictional Issues for Modification
a. Divorce Decrees w/ Merged Separation Agreements
(1) Ct has authority to modify spousal suppt awards if:
(a) says s/to further orders of the court in the decree
(b) doesn't so state in decree, but the spousal support given
in post 6/1976 and pre-5/2/86 degree is truly indefinite in duration and
amount (NO term of years stated, just ends on death/remarriage)
b. Dissolution of Marriage Decrees
(1) Since 1975 and until 5/2/86 Ohio statute has provided court
has no authority to modify spousal support after dissolution
(2) But, pre-5/2/86 if your inc. separation agreemt expressly
reserved power of court to modify that's enforceable
c. Bench Decisions
(1) Pre-5/2/86, if court makes order for spousal support and puts
term of years in it, no juris to go beyond that
d. After 5/2/86, statute says if you want to modify spousal support
provision w/in a divorce, dissolutn, or bench decision, you must state
in the agreement or ct must put in bench decision that IT'S S/TO FURTHER
ORDER OF COURT
e. Legal Separation Actions
(1) Have always been s/to further order ct by statute
2. Substantive Issues Warranting Modification: Must show a substant'l
change in circum. warranting a modification
a. Stat defines as including any or invol. in parties' wages,
slary, bonuses, living exp. or medical expenses
b. Remarriage of Payee
(1) If separatn agreemt in divorce decree doesn't say end on reM
still stops as matter of law UNLESS:
(a) the alimony is really a property settlement (called alimony
tax purposes pre-86 decrees)
(b) the paymt is related to child support (used to lump
alimony/suppt together for deduction)
(c) separatn agreement expressly says cont. reM
(2) If separatn agreemt in dissolution doesn't say end on reM ct
has no juris to modify and support cont.
-> Dissolutns totally governed by statute
c. Cohabitation of Payee Spouse
(1) Is sufft change of circum. for modiftn if parties living
together as H&W w/ mutual assumptn of rts/ duties/obligatns usually
manifested if married, including but not dependent on sexual relations.
Some fin'l intertwining: supptg someone w/ spousal suppt or being
supported so you don't need
d. Increase or Decrease of Either's Income or Expenses
e. Death of Obligee
f. Change in physical/mental health of either
g. Loss of employment or Bankruptcy of Either

B. Modification of Child Support: see earlier discussion

C. Modification of Parental Rts/Resp.: see earlier discussion

D. Modification of Visitation: Requires substn'l change circum. & must be in best interests of child

VI. SUBJECT MATTER JURISDICTION: Court of Common Pleas, Domestic Relations Ct, Probate Court & Juvenile Court

A. Domestic Relations Matters: Domestic or Common Pleas for (1) divorce, legal separtns, annulmts, dissolutions; (2) incidents of marriage; (3) enforcement & modification actions. Residency discussed above-means "domicile" (reside & intend to make home)

B. Adoptions: probate court exclusive Juris

C. Parentage Actions: Juvenile orig. (Com. Pleas if none) & maybe concurrent w/ Domestic & after 7/1/92 Child Support Enforcement Agency can admin. determine parentage & child support orders

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