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Full-Text Articles in Law
Alimony's Job Lock, Margaret Ryznar
Alimony's Job Lock, Margaret Ryznar
Akron Law Review
In family law, courts often prevent people who owe alimony from changing jobs. If a job change is accompanied by a salary decrease, the court will not necessarily readjust the alimony obligation and instead impute the higher income to the obligor. This Article introduces the term “job lock” to describe this situation, borrowing the term from the health care context, wherein job immobility due to health insurance concerns has received significant scrutiny. This Article draws similar attention to the alimony context, proposing a balancing test to assist courts interested in alleviating job lock under certain circumstances.
Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton
Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton
Akron Law Review
In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.
Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin
Akron Law Review
WITH THE decision of Wolfe v. Wolfe 1 the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action
Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin
Akron Law Review
WITH THE decision of Wolfe v. Wolfe the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action.