The Two Polar Arguments to Establish a Claim of Spousal Support in Dayton OH

by | Aug 9, 2016 | Legal Services

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There is no black and white when it comes to spousal support in Dayton OH. Everything leading up to the conclusion by the court is up for debate and discussion. This can be a good thing for some and a bad thing for others. But, the attorneys will flip over every stone to make sure a payment (if there is any at all) is fair and responsible.

A spousal support in Dayton OH situation will likely have to sides- one side each supporting a spouse. The basic argument will center on how financially uneven the marriage was, and how responsible one spouse is for paying another after a divorce. The arguments can essentially be summed it by the following:

Argument 1: A spouse deserves payment because they did not actively work during the marriage. One partner was the financial provider. Because of this, the other stayed at home to take care of the children. The one spouse was only able to work because the other was at home caring for the children. This is an essential point of the argument. If the spouse was working, the other spouse would not have the ability to work as she or he has and accumulate those finances.

Argument 2: The spouse chose not to work. There may or may not be children involved. The spouse does not deserve a high spousal support (if any) because at least half or more of the money during their marriage was spent on them. This may include entertainment expenses. In essence, the spouse does not deserve as much because they willingly spent money on themselves, during marriage, that they did not earn, and they chose not to work even though they could have.

Neither party has to “prove” anything. They are simply stating the situation. The courts will determine how the spousal support will be paid, as leveraged and explained by the respective attorneys. This is one area that is completely gray. There is usually a solid case to be made on both sides. Contact Albert and Krochmal Attorneys for more details on progressing on the right foot in a spousal support case.

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