As a practitioner of family law, including custody, divorce and dissolution in both Ohio and Kentucky for 30 years, I am often asked, “Which state is better?” Of course, it greatly depends on which party you represent in the divorce. Following are some notable differences and some similarities between the states.
Custody
- RIGHTS. Both states essentially favor joint custody and shared parenting. They both mean the same thing, but Kentucky utilizes the term joint custody to identify who has the control, or decision making authority and Ohio uses the term shared parenting. Kentucky LAW makes clear that joint custody is he presumption in any case of custodial rights. While Ohio law is not so clear, in practicality the Ohio judges generally favor shared parenting.
- TIME. Joint custody is the legal term referring to rights. Parenting time is separate and Kentucky law also presumes equal time between both parents. Ohio Law is not so 50-50 equal, but shared parenting does generally also spill over in to the parenting time and courts routinely give equal time to both parents.
- SUPPORT. Ohio law is only recently giving offsets that make sense. Unfortunately each county interprets the offset differently and the higher earner often pays significantly more in child support in Ohio. Kentucky law recently made change to calculate the offset, which has resulted in significant decrease in the majority of parents paying child support. Essentially math is that two worksheets are calculated and then subtracted to get a number. Historically, this would be the child support number; but the new worksheet cuts that number in half, resulting in significantly less court Ordered support. Parties and attorneys should be careful to include division of any and all expenses for the children: medical, dental, insurance, daycare, extracurricular, school and often clothing, cell phones, computers, and vehicles.
Spousal Support
Kentucky law and in practice essentially minimizes spousal support in many cases. If the parties earn within 20-30% of one another, or the marriage is less than 5 (sometimes 10) years, spousal support is nearly non-existent. That is not to say there may be the occasional case where a shorter term marriage or even high earner cannot get spousal maintenance. For example, I represented a party only married less than one year where one party gives up a lucrative career and moves from another city to get married. There was substantial support paid to allow her time to relocate back to the other city and obtain suitable employment.
Ohio law generally disallows spousal support for marriages less than 5 years. Some consideration may be given if the parties cohabitated and shared expenses for some period prior to marriage. Once parties pass the 10 year mark, most Ohio jurisdictions will equalize incomes for some period of time.
Special consideration is given in both states when the parties have been married over 15-20 years, especially when they approach retirement ages. While many practitioners utilize software to estimate spousal support, the reality is that each judge (magistrate) has a different view of what that should look like and even though many of the judges also use the same software, most use it more as a check to see if they are being equitable in their decision.
Most cases you cannot simply choose between Ohio and Kentucky. A 6 month residency is required to file and if there are parties living in both states, the home state for the children will generally prevail. If you have questions or concerns, consult with your attorney. if you are seeking counsel or consultation, contact Bouldin Law Firm and schedule to meet with Michael Bouldin. Call 859-581-6453 or utilize this contact page.