Legal Question in Family Law in Ohio
No fault divorce child support
I was hoping to file my self without an attorney. My husband is active duty military and cant be here for court so we decided no fault would be the best. We agree to everything but the amount of child support. I was always under the understanding that the judge set the child support regardless of how you file, yet on my forms to file, there is a child support form that seems as though we need to agree upon the amount. Do you need to AGREE on a set amount in order to file no fault?
1 Answer from Attorneys
Re: No fault divorce child support
The critical issue is whether you are filing for a Dissolution or a Divorce. A dissolution (which is a no-fault proceeding) requires an agreement on ALL issues before the appropriate documents are filed. A divorce requires no agreement and the Court can set child support. A divorce can be based on incompatibility (no-fault ground) and can either proceed as a contested or non-contested matter. With your husband in the Military and the support and other attendant issues, I would strongly advise you to seek an attorney to make sure everything is done correctly and you and the child are both fully protected.
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