M
melanienosey
Guest
Divorce in Ohio:
I'll try to be brief.
In June of 2000, my friend and his wife separated. She decided after 8 years of marriage to pursue a lesbian lifestyle and moved out of the home with her new partner. My friend tried to obtain a dissolution for over a year. In 2000, they filed separately, they both had custody of their kids. Each had the children 2 weeks out of 4 weeks.
On August 5, 2001, the wife decided she wanted to file for custody and full support. She was not granted this. From April of 2001 until the present time, my friends' income was decreased by half due to layoff's at his company. His overtime was also eliminated. He went from bringing home $2600 a month to $1500.00 a month. He and his wife had a house payment of $1160. He told her from the time overtime quit he would be unable to maintain payments. He finally moved out of the home in September of 2001, letting the house fall into foreclosure. She moved into the home in October of 2001. Since June of 2000, they have had separate living expenses, separate accounts.
Custody was such that mom worked during the night, so she had kids during the day. Dad worked Day, so he had kids at night. The wife recently decided to work days, and went back to court for temporary orders. The outcome was that each parent still received their week of custody, however, on the weeks they overnighted at dad's house, the kids got to see mom twice, and vice versa. It is exactly a 50/50 split. Neither are happy, but it's what my friend wanted.
During that hearing, however, the attorney's told the parties they had to file taxes in the best way possible, put all their refund into an account, that would be equally divided among the parties. My friend's plan was to take the mortgage interest deduction, which he is entitled to according to Federal Tax guidelines, because he paid on it. However, the lawyers are now saying, he can claim it, but must split whatever refunds they have.
Here's the kicker. I met my friend after the separation, and we moved in togehter in December of 2000. This last year, he was to claim me and my children under head of household. Now, if he files, he has to split that refund with her. We're trying to find some way to explain that we feel that if she would like to claim half of his refund (and he half of hers), she should be responsible for half the marital debts (house) that he paid on. It was her choice to move and he made the payments because he felt it was their responsibility.
Can anyone help me out here? Tell me where in Ohio law it says that if the parties have been separated maintaining separate residences (expenses and income), the refund has to be split, but not the marital debts. She is currentlyu living in the marital home knowing it was going into foreclosure, and would like to file bankruptcy so she can stay longer.
My friend will lose the deductions for me and my two kids. When his wife found out she would get more than a 1600 dollar refund, closer to 2100, she decided she wanted to do it this way. What help is there for us?
Melanie
I'll try to be brief.
In June of 2000, my friend and his wife separated. She decided after 8 years of marriage to pursue a lesbian lifestyle and moved out of the home with her new partner. My friend tried to obtain a dissolution for over a year. In 2000, they filed separately, they both had custody of their kids. Each had the children 2 weeks out of 4 weeks.
On August 5, 2001, the wife decided she wanted to file for custody and full support. She was not granted this. From April of 2001 until the present time, my friends' income was decreased by half due to layoff's at his company. His overtime was also eliminated. He went from bringing home $2600 a month to $1500.00 a month. He and his wife had a house payment of $1160. He told her from the time overtime quit he would be unable to maintain payments. He finally moved out of the home in September of 2001, letting the house fall into foreclosure. She moved into the home in October of 2001. Since June of 2000, they have had separate living expenses, separate accounts.
Custody was such that mom worked during the night, so she had kids during the day. Dad worked Day, so he had kids at night. The wife recently decided to work days, and went back to court for temporary orders. The outcome was that each parent still received their week of custody, however, on the weeks they overnighted at dad's house, the kids got to see mom twice, and vice versa. It is exactly a 50/50 split. Neither are happy, but it's what my friend wanted.
During that hearing, however, the attorney's told the parties they had to file taxes in the best way possible, put all their refund into an account, that would be equally divided among the parties. My friend's plan was to take the mortgage interest deduction, which he is entitled to according to Federal Tax guidelines, because he paid on it. However, the lawyers are now saying, he can claim it, but must split whatever refunds they have.
Here's the kicker. I met my friend after the separation, and we moved in togehter in December of 2000. This last year, he was to claim me and my children under head of household. Now, if he files, he has to split that refund with her. We're trying to find some way to explain that we feel that if she would like to claim half of his refund (and he half of hers), she should be responsible for half the marital debts (house) that he paid on. It was her choice to move and he made the payments because he felt it was their responsibility.
Can anyone help me out here? Tell me where in Ohio law it says that if the parties have been separated maintaining separate residences (expenses and income), the refund has to be split, but not the marital debts. She is currentlyu living in the marital home knowing it was going into foreclosure, and would like to file bankruptcy so she can stay longer.
My friend will lose the deductions for me and my two kids. When his wife found out she would get more than a 1600 dollar refund, closer to 2100, she decided she wanted to do it this way. What help is there for us?
Melanie