Anderson's Ohio Domestic Relations Practice Manual

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2016 Edition
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Written for the legal professional whose practice includes domestic relations cases, this detailed manual leads the attorney step-by-step through a divorce or dissolution proceeding. In a convenient softcover format, Anderson's Ohio Domestic Relations Practice Manual provides practical advice, as well as drafting suggestions for applicable forms. References are made to representative local rules and official forms as they apply to specific steps and issues.

Focusing on the issues, questions, and problems that commonly arise in typical divorce or dissolution cases, this guidebook provides detailed coverage of special issues of current interest such as custody (allocation of parental rights and responsibilities), spousal and child support, and health care. Common post-decree matters such as modification of support or custody are also considered, as well as issues relating to the validity and enforcement of antenuptial agreements.

Features include:

•  Client Questionnaire
•  Fee Agreement Letter
•  Sample Pleadings, Motions, and Decrees
•  Sample Separation Agreement
•  Child Support Worksheets
•  Shared Parenting Worksheet and Sample Plans
•  Sample Temporary Restraining Order and Affidavit
•  Sample Qualified Domestic Relations Orders (QDROs)
•  Sample Decree Modification Motions
•  Sample Prenuptial Agreement
•  Domestic Relations Local Rules and Official Forms

Authors / Contributors

Table of Contents

CHAPTER 1. PROCEDURAL OPTIONS FOR TERMINATING THE MARITAL RELATIONSHIP

PART I. PROCEDURAL CONTEXT
§ 1.01 Scope
§ 1.02 Procedural Context—Choosing Between Procedural Options

PART II. PROCEDURAL OPTIONS FOR TERMINATING THE MARITAL RELATIONSHIP
§ 1.03 Checklist for Choosing Between Procedural Options
§ 1.04 Statutory Options for Terminating the Marital Relationship
§ 1.05 Initial Client Interview
§ 1.06 Divorce or Dissolution: Pros and Cons of Each

PART III. FORMS
Form 1.07 Client Information Form
Form 1.08 Fee Agreement Letter with Retainer Required
Form 1.09 Retainer Letter with Retainer Waived


CHAPTER 2. DISSOLUTION PROCEEDINGS

PART I. PROCEDURAL CONTEXT
§ 2.01 Scope
§ 2.02 Procedural Context—Dissolution Proceedings

PART II. DISSOLUTION PROCEEDINGS
§ 2.03 Checklist for Dissolution Proceedings
§ 2.04 Reasons for Choosing Dissolution Over Divorce
§ 2.05 The Discovery Process
§ 2.06 The Negotiation Process
§ 2.07 Separation Agreements
§ 2.08 Recitals
§ 2.09 Allocation of Parental Rights and Responsibilities
§ 2.10 Spousal Support
§ 2.11 Division of Property
§ 2.12 Tax Matters
§ 2.13 Tax Aspects of Spousal Support
§ 2.14 Current Tax Returns
§ 2.15 Adjustments for Tax Returns Filed While Married
§ 2.16 Tax on Assets Received
§ 2.17 Dependency Exemptions
§ 2.18 Health Insurance Provisions
§ 2.19 COBRA Provisions
§ 2.20 Children’s Health Insurance
§ 2.21 Children’s Uninsured and Unreimbursed Medical Expenses
§ 2.22 Second Opinions
§ 2.23 Medical Insurance Reimbursements
§ 2.24 Court Costs
§ 2.25 Attorney Fees
§ 2.26 General Provisions
§ 2.27 Execution of Documents
§ 2.28 Filing Procedures
§ 2.29 Preparation of Decree of Dissolution
§ 2.30 Final Hearing
§ 2.31 Filing the Decree
§ 2.32 Implementation of Property Division


PART III. FORMS
Form 2.33 Separation Agreement
Form 2.34 Petition for Dissolution
Form 2.35 R.C. § 3127.23 Affidavit
Form 2.36 Decree of Dissolution
Form 2.37 National Medical Support Notice (NMSN)

CHAPTER 3. DIVORCE PROCEEDINGS

PART I. PROCEDURAL CONTEXT
§ 3.01 Scope
§ 3.02 Procedural Context—Divorce Proceedings


PART II. DIVORCE PROCEEDINGS
§ 3.03 Checklist for Divorce Proceedings
§ 3.04 Reasons for Choosing Divorce Over Dissolution
§ 3.05 Filing the Complaint
§ 3.06 Other Forms to Accompany the Complaint
§ 3.07 The Answer (and Counterclaim
§ 3.08 The Reply
§ 3.09 Temporary Orders
§ 3.10 Discovery
§ 3.11 Allocation of Parental Rights and Responsibilities
§ 3.12 Child Support
§ 3.13 Spousal Support
§ 3.14 Division of Property
§ 3.15 Attorneys’ Fees and Court Costs
§ 3.16 Conversion of Divorce to Dissolution
§ 3.17 Merits Hearing
§ 3.18 Issuance of the Decree

PART III. FORMS
Form 3.19 Complaint for Divorce
Form 3.20 R.C. § 3127.23 Affidavit
Form 3.21 Answer and Counterclaim
Form 3.22 Reply to Counterclaim
Form 3.23 Motion for Temporary Restraining Order
Form 3.24 Affidavit in Support of Motion for Temporary Restraining Order
Form 3.25 Temporary Restraining Order
Form 3.26 Parent of Shared Parenting Order
Form 3.27 Computation Worksheet
Form 3.28 Motion and Affidavit
Form 3.29 Interrogatories
Form 3.30 Request for Production of Documents
Form 3.31 Notice to Take Deposition
Form 3.32 Decree of Divorce


CHAPTER 4. PROPERTY DIVISION

PART I. PROCEDURAL CONTEXT
§ 4.01 Scope
§ 4.02 Procedural Context—Property Division


PART II. DETERMINING THE NATURE OF PROPERTY AS MARITAL, SEPARATE OR MIXED
§ 4.03 Checklist for Determining Nature of Property
§ 4.04 Statutory Presumptions
§ 4.05 Date of Valuation
§ 4.06 Tracing Separate Property
§ 4.07 Appreciation of Separate Property


PART III. ALLOCATING ASSETS
§ 4.08 Checklist for Allocating Assets
§ 4.09 Overall Property Division
§ 4.10 Real Estate
§ 4.11 Household Furnishings
§ 4.12 Vehicles
§ 4.13 Funds on Deposit and Investment Accounts
§ 4.14 Stocks, Stock Options and Bonds
§ 4.15 Retirement Accounts and Plans
§ 4.16 Insurance Policies
§ 4.17 Expectancies or Inheritances
§ 4.18 Other Assets


PART IV. ALLOCATING DEBTS
§ 4.19 Marital Debts
§ 4.20 Separate Debts

PART V. DISTRIBUTIVE AWARD
§ 4.21 Statutory Authority
§ 4.22 Most Common Applications



CHAPTER 5. ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES

PART I. PROCEDURAL CONTEXT
§ 5.01 Scope
§ 5.02 Procedural Context—Allocation of Parental Rights and Responsibilities

PART II. ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES
§ 5.03 Checklist for Allocation of Parental Rights and Responsibilities
§ 5.04 Custody Before and After Senate Bill 3
§ 5.05 Contents of a Shared Parenting Plan
§ 5.06 Allocation of Time With Each Parent
§ 5.07 Child Support and Health Insurance Provisions
§ 5.08 Residency Provisions
§ 5.09 Disclaimer of Child Abuse and Neglect
§ 5.10 Decision Making and Mediation
§ 5.11 Dependency Exemptions
§ 5.12 Education Provisions
§ 5.13 General Provisions
§ 5.14 Religious Practices
§ 5.15 Placement of Provisions Relating to Children Within the Shared Parenting Plan and/or Separation Agreement
§ 5.16 Military Service by a Parent
§ 5.17 Shared Parenting Trials and Trial Preparation
§ 5.18 Shared Parenting Trial Format
§ 5.19 Trial Format for Sole Custody Trials
§ 5.20 Factors to be Considered by the Court
§ 5.21 Adoption of the Shared Parenting Plan
§ 5.22 Shared Parenting Decree
§ 5.23 Documents to Accompany Decree

PART III. FORMS
Form 5.24 Shared Parenting Plan Worksheet
Form 5.25 Shared Parenting Plan (Separate)
Form 5.26 Motion for Shared Parenting and to Adopt Shared Parenting Plan
Form 5.27 Shared Parenting Decree
Form 5.28 Qualified Medical Child Support Order


CHAPTER 6. CHILD SUPPORT AND SPOUSAL SUPPORT

PART I. PROCEDURAL CONTEXT
§ 6.01 Scope

PART II. CHILD SUPPORT
§6.02 Procedural Context—Child Support
§ 6.03 Checklist for Child Support
§ 6.04 Initial Determination of Child Support
§ 6.05 Deviating Factors
§ 6.06 Circumstances Requiring Case-by-Case Determination
§ 6.07 Modification of Child Support

PART III. SPOUSAL SUPPORT
§6.08 Procedural Context—Spousal Support
§ 6.09 Checklist for Spousal Support
§ 6.10 Initial Determination of Spousal Support
§ 6.11 Modification of Spousal Support

PART IV. MUTUALLY APPLICABLE CONCEPTS AND PROCEDURES
§ 6.12 Interplay between Child Support and Spousal Support
§ 6.13 Security for Support Orders
§ 6.14 Method of Payment of Support Obligations

PART V. FORMS
Form 6.15 Child Support Worksheet—Sole Residential Parent or Shared Parenting
Form 6.16 Child Support Worksheet—Split
Form 6.17 Motion to Modify Child Support
Form 6.18 Cash Medical Support Order


CHAPTER 7. POST-DECREE ISSUES RELATING TO CHILDREN

PART I. PROCEDURAL CONTEXT
§ 7.01 Scope
§7.02 Procedural Context—Post-Decree Issues Relating to Children

PART II. POST-DECREE ISSUES RELATING TO CHILDREN
§ 7.03 Checklist for Post-Decree Issues Relating to Children
§ 7.04 Modification of Child Support
§7.05 Modification of Parental Rights and Responsibilities
§ 7.06 Modification of Parenting Time (Sole Residential Parent)
§ 7.07 Modification of Time Allocation (Shared Parenting)
§ 7.08 Change of Residential Parent Status
§ 7.09 Elections and In Chambers Interviews
§ 7.10 Contempt Actions
§ 7.11 Nonpayment of Child Support
§ 7.12 Noncompliance with Parenting Time Orders
§ 7.13 Change in Employment or Residence

PART III. FORMS
Form 7.14 Motion to Modify Parenting Time
Form 7.15 Motion to Change Time Allocation
Form 7.16 Motion to Change Allocation of Parental Rights and Responsibilities—Shared Parenting to Residential Parent
Form 7.17 Motion to Change Allocation of Parental Rights and Responsibilities—Residential Parent to Shared Parenting
Form 7.18 Motion to Change Allocation of Parental Rights and Responsibilities (Change from One Parent to the Other)


CHAPTER 8. PRENUPTIAL AGREEMENTS

PART I. PROCEDURAL CONTEXT
§ 8.01 Scope
§8.02 Procedural Context—Prenuptial Agreements

PART II. PRENUPTIAL AGREEMENTS
§ 8.03 Checklist for Prenuptial Agreements
§8.04 Considering Disposition of Assets upon Termination of Marriage by Divorce or Dissolution
§ 8.05 Considering Disposition of Assets upon Termination of Marriage by Death
§ 8.06 Characterizing Income as Marital or Separate
§ 8.07 Characterizing Specific Assets as Marital or Separate
§ 8.08 Characterizing Specific Debts as Marital or Separate
§ 8.09 Examining Enforceability Requirements

PART III. FORMS
Form 8.10 Prenuptial Agreement


CHAPTER 9. ALTERNATIVE PROCESSES TO RESOLVE DOMESTIC RELATIONS DISPUTES

PART I. PROCEDURAL CONTEXT
§ 9.01 Scope
§ 9.02 Procedural Context—Alternative Processes to Resolve Domestic Relation Disputes

PART II. MEDIATION AS A TOOL TO RESOLVE DISPUTES
§ 9.03 Checklist for Mediation
§ 9.04 Examining Mediation as a Tool to Resolve Disputes

PART III. ARBITRATION AS A TOOL TO RESOLVE DISPUTES
§ 9.05 Checklist for Arbitration
§ 9.06 Examining Arbitration as a Tool to Resolve Disputes


PART IV. COLLABORATIVE LAW AS A TOOL TO RESOLVE DISPUTES
§ 9.07 Checklist for Collaborative Law
§ 9.08 Examining Collaborative Law as a Tool to Resolve Disputes


PART V. FORMS
Form 9.09 Collaborative Law Contract


CHAPTER 10. CONTEMPT ACTIONS

PART I. PROCEDURAL CONTEXT
§ 10.01 Scope
§ 10.02 Procedural Context—Contempt Actions


PART II. CONTEMPT ACTIONS
§ 10.03 Checklist for Contempt Actions
§10.04 Reasons for Filing Contempt Actions
§10.05 Remedies Sought


PART III. FORMS
Form 10.06 Motion for Rule of Contempt


CHAPTER 11. DOMESTIC VIOLENCE ACTIONS

PART I. PROCEDURAL CONTEXT
§ 11.01 Scope
§ 11.02 Procedural Context

PART II. DOMESTIC VIOLENCE ACTIONS
§ 11.03 Checklist for Domestic Violence Actions
§ 11.04 Persons Subject to Domestic Violence Actions
§ 11.05 Domestic Violence Protective Orders


CHAPTER 12. IMPLEMENTING DECREE PROVISIONS

PART I. PROCEDURAL CONTEXT
§ 12.01 Scope
§ 12.02 Procedural Context—Implementing Decree Provisions

PART II. IMPLEMENTING DECREE PROVISIONS
§ 12.03 Checklist for Implementing Decree Provisions
§ 12.04 Transferring Title to Real Estate
§ 12.05 Transferring Title to Vehicles
§ 12.06 Transferring Title to Financial Accounts
§ 12.07 Transferring Title to Insurance Policies
§ 12.08 Transferring Retirement Assets

PART III. FORMS
Form 12.09 Qualified Domestic Relations Order—Defined Contribution Plan
Form 12.10 Qualified Domestic Relations Order—Defined Benefit Plan
Form 12.11 Letters of Instruction
Form 12.12 Agreed Entry Transferring Retirement Assets
Form 12.13 Qualified Court Order—Civil Service Retirement


CHAPTER 13. DELEGATION OF AUTHORITY OVER CHILD TO GRANDPARENT

PART I. PROCEDURAL CONTEXT
§ 13.01 Scope
§ 13.02 Procedural Context—Delegation of Authority Over Child to Grandparent

PART II. DELEGATION OF AUTHORITY OVER CHILD TO GRANDPARENT
§ 13.03 Checklist for Delegation of Authority Over Child to Grandparent
§ 13.04 Reasons to Seek to Delegate Authority Over Child to Grandparent
§ 13.05 Limits on the Creation of the Power of Attorney
§ 13.06 Procedure to Create the Power of Attorney
§ 13.07 Scope of Authority Delegated to Grandparent


PART III. FORMS
Form 13.08 Power of Attorney to Delegate Authority Over Child to Grandparent
Form 13.09 Caretaker Authorization Affidavit

APPENDIX A. Cuyahoga County Rules of the Court of Common Pleas (www.cuyahogacounty.us)

APPENDIX B. Franklin County Rules of the Court of Common Pleas (www.fccourts.org)

APPENDIX C. Hamilton County Rules of the Court of Common Pleas (www.courtclerk.org)

APPENDIX D. Lucas County Rules of the Court of Common Pleas (www.co.lucas.oh.us)

APPENDIX E. Montgomery County Rules of Practice and Procedure of the Court of Common Pleas (www.mcohio.org)

APPENDIX F. Stark County Rules of Practice of the Court of Common Pleas (www.starkcourt.org)

APPENDIX G. Summit County Rules of Practice of the Court of Common Pleas (www.drcourt.org)

APPENDIX H. Official Forms Ohio Department of Job and Family Services

APPENDIX I. Statutory Child Support Schedule


INDEX