COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO _____________________________________ PLAINTIFF : CASE NO. DR ______________________ : vs. JUDGE ____________________________ : _____________________________________ DEFENDANT : JUDGMENT ENTRY OF DIVORCE (WITH CHILDREN) This cause came on for hearing on the ______ day of _______________, 20_____ and was duly heard before the Honorable ______________________________, Judge of the Domestic Relations Division of the Court of Common Pleas, upon the: Complaint of Plaintiff and the evidence, Defendant being in default of Answer or other pleading although duly served with process, according to law. Complaint of Plaintiff and the evidence, Defendant having withdrawn his Answer and Counterclaim. Complaint of Plaintiff, and Counterclaim of Defendant, and the evidence. Counterclaim of Defendant, and the evidence. The Court finds that Plaintiff was a resident of the State of Ohio for more than six (6) months and a bona fide resident of Cuyahoga County for more than ninety (90) days, both immediately preceding the filing of the Complaint; the parties were married as alleged; and there is/are ____ child(ren) of the marriage, to wit: Full name of each child(ren) _________________________________________________ _________________________________________________ _________________________________________________ Date of Birth ___________________ ___________________ ___________________ The Court further finds Plaintiff Defendant both parties has/have established the cause of living separate and apart for one year without cohabitation incompatibility, not denied ___________________________________, and by reason thereof Plaintiff Defendant both parties is/are entitled to a divorce. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff Defendant both parties is/are hereby granted a divorce from Plaintiff Defendant each other and that the marriage contract heretofore existing between the parties is hereby dissolved and set aside. SPOUSAL SUPPORT The Court finds, upon considering the factors set forth in Ohio Revised Code §3105.18 and in particular those specified below, that it is appropriate for Plaintiff Defendant to pay spousal support to Plaintiff Defendant. The Court finds that the following factors support this award: _____________________________________________________________________________________ ____________________________________________________________________________________. H946/DR0908001 Divorce w/children 1 American LegalNet, Inc. www.FormsWorkFlow.com IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff Defendant shall pay spousal support to Plaintiff Defendant in the sum of $_____________ per month plus 2% processing charge for a term of _____________ years months commencing ____________________. Pursuant to Ohio Revised Code §3105.18(B), all payments shall terminate upon the death of either party. (Check if applicable) In addition, spousal support shall terminate upon the remarriage of the spouse receiving support. The Court: shall retain jurisdiction to modify this order shall not retain jurisdiction to modify this order. ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD(REN) (Check applicable boxes) The Court finds that a pleading or motion requesting shared parenting was filed by at least one parent both parents jointly and a plan for shared parenting was filed at least 30 days prior to hearing which plan the Court determines to be in the best interest of the child(ren). The Court finds that the parents have waived the requirement of a written request for shared parenting and plan for shared parenting filed at least 30 days before hearing. The Court finds that the parents have agreed to shared parenting and have jointly submitted a plan on the date of hearing which plan the Court finds is in the best interest of the child(ren). IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this Judgment Entry shall constitute an ORDER FOR SHARED PARENTING and the parties shall share the rights and responsibilities for the care of the child(ren) in accordance with the attached approved shared parenting plan, which is adopted and incorporated herein by reference. -ORIT IS THEREFORE ORDERED, ADJUDGED AND DECREED that parental rights and responsibilities are allocated primarily to ________________________ who is hereby designated the residential parent and legal custodian of the minor child(ren). The parent who is not the residential parent, ________________________, shall have parenting time in accordance with the schedule attached hereto in accordance with the Standard Parenting Time Guidelines attached as Exhibit ____ and incorporated by reference. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the residential parent(s) shall file a notice of intent to relocate if he/she intends to move to a residence other than the one specified in this order. Pursuant to the determination made under Ohio Revised Code §3109.051(G)(2) and subject to further order of the Court, the parent who is not the residential parent shall shall not be sent a copy of any notice of relocation filed with the Court. CHILD SUPPORT For purposes of this order Plaintiff Defendant is the Child Support Obligee. Defendant is the Child Support Obligor and Plaintiff This order for child support and cash medical support is effective ________________. The worksheet used to compute child support and cash medical support under Ohio Revised Code §3119.022 or §3119.023 is attached as Exhibit ____. H946/DR0908001 Divorce w/children 2 American LegalNet, Inc. www.FormsWorkFlow.com IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that when private health insurance IS being provided by a party in accordance with this order for the child(ren) named above, the Child Support Obligor shall pay child support for the minor child(ren) in the sum of $_____________ per month ($_____________ per month per child) to the Child Support Obligee, and/or his/her assignee(s), plus 2% processing charge. (Line 29, Child Support Computation Worksheet-Sole Residential Parent or Shared Parenting Order or Line 27, Child Support Computation Worksheet-Split Parental Rights and Responsibilities) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that when private health insurance IS NOT being provided by a party in accordance with this order for the child(ren) named above, the Child Support Obligor shall pay child support for the minor child(ren) in the sum of $_____________ per month ($_____________ per month per child) to the Child Support Obligee, and/or his/her assignee(s), plus 2% processing charge. (Line 29, Child Support Computation Worksheet-Sole Residential Parent or Shared Parenting Order or Line 27, Child Support Computation Worksheet-Split Parental Rights and Responsibilities) (Check if applicable) The above child support deviates from the amount of child support that would otherwise result from the use of the Basic Child Support Schedule and the applicable worksheet, through the line establishing the actual annual obligation because, pursuant to Ohio Revised Code §3119.22 the amount would be unjust and inappropriate and would not be in the best interest of the minor child(ren) for the following reason(s): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ CASH MEDICAL SUPPORT (Check applicable box) The Court finds that the Child Support Obligor’s total annual gross income (Line 7a, Child Support is less than 150% of the federal poverty guideline for an individual. Pursuant to Ohio Revised Code §3119.30(C) the cash medical support obligation is $0.00. Computation Worksheet) -ORThe Court finds that the Child Support Obligor’s total annual gross income (Line 7a, Child Support is 150% or more of the federal poverty guideline for an individual. Pursuant to Ohio Revised Code §3119.30(C) the cash medical support obligation is 5% of the Child Support Obligor’s adjusted gross income (line 14a) or the amount of cash medical support to be paid according to the Ohio Department of Job and Family Services USDA Cash Medical Support Schedule created pursuant to Ohio Revised Code §3119.302(B), whichever is the lower amount. Computation Worksheet) IT IS THEREFORE ORDERED ADJUDGED AND DECREED that when private health insurance IS NOT being provided by a party in accordance with this order for the child(ren) named above, the Child Support Obligor shall pay cash medical support in the sum of $_________________ per month ($_____________ per month per child), plus 2% processing charge. (Line 31, Child Support Computation Worksheet-Sole Residential Parent or Shared Parenting Order or Line 29, Child Support Computation WorksheetSplit Parental Rights and Responsibilities.) If private health insurance coverage is being provided and becomes unavailable or is terminated, the Child Support Obligor SHALL BEGIN paying cash medical support commencing the first day of the month immediately following the month in which private health insurance coverage became unavailable or is terminated, and SHALL CEASE paying cash medical support on the last day of the month immediately preceding the month in which private health insurance coverage begins or resumes. Cash medical support shall be paid in addition to child support. H946/DR0908001 Divorce w/children 3 American LegalNet, Inc. www.FormsWorkFlow.com (Check if applicable) The Court finds that the parties have an administrative support order, case number P_________________, (SETS #_________________) issued by the _______________County Child Support Enforcement Agency (COPY ATTACHED HERETO AS EXHIBIT ____) that requires ____________________ to pay child support in the amount of $_____________ per month when health insurance IS being provided by a party, and $_____________ per month plus cash medical support in the amount of $_____________when health insurance IS NOT being provided by a party, plus 2% processing charge, for the support of the above–named child(ren). The Court finds it appropriate to adopt this order for the purpose of preserving and determining arrearage accrued under the administrative order. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the administrative order is hereby adopted and any arrears and overpayments accrued under the administrative order are hereby preserved. The _________________ County CSEA shall terminate any support withholding or deduction notice issued in case number P-_________________. All support paid hereafter shall be under Cuyahoga County Domestic Relations case number DR-_________________. The Child Support Obligor shall be given credit for any payments received under the administrative order. As of ____________________ the arrearage is $_____________. This sum includes all accrued child support, cash medical support, spousal support, processing charges and arrearage accrued under the above-referenced administrative order, if any. This sum supercedes all prior determinations of arrearage. The Child Support Obligor has been credited with all support payments made through the CSEA, payments made directly to and acknowledged by the Child Support Obligee, credit acknowledged by the Child Support Obligee for support provided directly to the child, and credit for support waived by the Child Support Obligee, as of the computation date. The arrearage also includes the Child Support Obligor’s share of health care expenses not covered by private health insurance or cash medical support. (Appropriate box must be checked) IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Child Support Obligor shall pay an additional $_____________ per month toward the existing arrearage. -ORIT IS THEREFORE ORDERED, ADJUDGED AND DECREED that judgment in the amount of $________________ as and for support arrears is hereby entered in favor of ___________________ and against ____________________, and upon which execution may issue. The duty of support shall continue until further order of Court or until the above-named child(ren) reach(es) age 18 or so long as the child(ren) continuously attend(s), on a full-time basis, any recognized and accredited high school, however, no later than age 19, or as otherwise provided in Ohio Revised Code §3119.86. Total monthly order is $_____________ when health insurance is provided. This includes: $__________.___ current child support (including 2% processing charge) $__________.___ current spousal support (including 2% processing charge) $__________.___ arrearage payment (including 2% processing charge). Total monthly order is $_____________when health insurance is not provided. This includes: $__________.___ current child support (including 2% processing charge) $__________.___ current spousal support (including 2% processing charge) $__________.___ current cash medical support (including 2% processing charge) $__________.___ arrearage payment (including 2% processing charge). H946/DR0908001 Divorce w/children 4 American LegalNet, Inc. www.FormsWorkFlow.com All support shall be paid through Ohio Child Support Payment Central (OCSPC), P.O. Box 182372, Columbus, Ohio 43218-2372. Any payments not made through OCSPC shall not be considered as payment of support. Checks or money orders shall be made payable to “OCSPC”. Cash payments to OCSPC may be made at the Cuyahoga County Treasurer’s Office, County Administration st Building, 1 Floor – Cashier, 1219 Ontario Street, Cleveland, Ohio 44113. All payments shall include the following: Obligor’s name, Social Security Number, SETS case number, and Domestic Relations Court case number. All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code or a withdrawal directive issued pursuant to sections 3123.24 to 3123.38 of the Revised Code and shall be forwarded to the obligee in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code. To secure the support obligations, the Court finds that: (Choose appropriate option for securing payment) The Child Support Obligor receives income from an income source. A withholding notice shall issue in the amount of $_____________ per month. INCOME SOURCE ADDRESS ____________________________________________________ ____________________________________________________ ____________________________________________________ The income source shall be notified not to withhold a total amount, including all fees, in excess of the amount allowed under Section 303(b) of the “Consumer Credit Protection Act,” 15 U.S.C. 1673(B). Until the income source begins withholding in the appropriate amount, the Child Support Obligor shall make payments directly to OCSPC. The Child Support Obligor has nonexempt funds on deposit in an account at a financial institution. A deduction notice shall issue upon the account in the amount of $_____________ per month. FINANCIAL INSTITUTION ADDRESS ____________________________________________________ ____________________________________________________ ____________________________________________________ The Obligor shall immediately notify the CSEA of the number of the account from which support shall be deducted, and the name, branch, location and routing number of the financial institution if not set forth above. Until the financial institution begins deducting in the appropriate amount, the Child Support Obligor shall make payments directly to OCSPC. The Child Support Obligor has no attachable income source and has the ability to post a cash bond. An order to post bond in the amount of $_____________ shall issue. The Child Support Obligor has no attachable income and has no assets to post a bond. An order to seek work and report income shall issue. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Obligor immediately notify the CSEA, in writing, of any change in employment (including self-employment), receipt of additional income/monies or termination of benefits. The Obligor shall include a description of the nature of the employment and the name, business address and telephone number of any employer. The Obligor H946/DR0908001 Divorce w/children 5 American LegalNet, Inc. www.FormsWorkFlow.com shall immediately notify the CSEA of any change in the status of an account from which support is being deducted or the opening of a new account with any financial institution. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to Revised Code §3119.82 the following person(s) shall claim the child(ren) who is/are the subject of this order as (a) dependent(s) for federal income tax purposes: Mother Father Both Mother and Father according to the following terms: ____________________________ ___________________________________________________________________________ ___________________________________________________________________________ IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the parties shall take whatever action is necessary pursuant to section 152 of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 1, as amended, to enable the parent who has been awarded the right to claim the exemption(s) to claim the child(ren) as (a) dependent(s) for federal income tax purposes in accordance with this order. Failure of a party to comply with the order may be considered contempt of Court. MEDICAL SUPPORT OF CHILDREN Pursuant to Ohio Revised Code §3119.30(A) both parents are liable for the health care of the child(ren) who is not covered by private health insurance or cash medical support as calculated in accordance with §3119.022 or §3119.023, as applicable. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the child support OBLIGOR pay __________% and the child support OBLIGEE pay __________% of the costs of the health care needs of the child(ren) that exceed the amount of cash medical support ordered to be paid, if any, when private health insurance coverage is not available or is not being provided in accordance with this order, OR of the uninsured health care costs or co-payment or deductible cost required under the health insurance policy, contract, or plan that covers the child(ren), when private health insurance coverage is being provided in accordance with this order. Private Health Insurance Findings A list of any private health insurance policies, contracts or plans available to the parties including a description of any private health insurance in which the Child Support Obligor, the Child Support Obligee, and the children are enrolled (Private Health Insurance Questionnaire) is attached hereto. (One of the following boxes MUST be checked) The Court finds that: neither parent has private health insurance available to cover the child(ren). the mother and/or father have the following private health insurance available for the child(ren) through a group policy, contract, or plan: Insurer: _______________________________________________ _______________________________________________ Available to: Mother Father (Accessibility) The Court further finds that the private health insurance available to the Mother and/or the Father: Mother Father (Check all applicable boxes) provides primary care services within thirty miles from the residence of the child(ren) subject to the child support order. H946/DR0908001 Divorce w/children 6 American LegalNet, Inc. www.FormsWorkFlow.com -ORis accessible because residents in part or all of the child(ren)’s immediate geographic area customarily travel farther distances than thirty miles for primary care services. is accessible because primary care services are only available to the child(ren) by public transportation. (Reasonableness of Cost) The Court further finds that the contributing cost (cost of adding the child(ren) to existing coverage or of the private health insurance available to the Mother and/or the Father: difference between self-only and family coverage) Mother Father (At least one box MUST be checked if private health insurance is available) does not exceed that party’s Health Insurance Maximum (line 7b of Child Support Computation Worksheet). exceeds that party’s Health Insurance Maximum (line 7b of Child Support Computation Worksheet). The Court further finds that: (Check appropriate box(es) ONLY if applicable) both parents agree that Mother Father both parents shall obtain or maintain private health insurance that exceeds the Health Insurance Maximum for that parent. Mother Father has requested to obtain or maintain private health insurance that exceeds the Health Insurance Maximum for that parent. it is in the best interest of the child(ren) for Mother Father to obtain or maintain private health insurance the contributing cost of which exceeds that party’s health insurance maximum because: ______________________________________________________________________________ ______________________________________________________________________________ it is not in the best interest of the child(ren) for the parties to obtain or maintain the private health insurance coverage that does not exceed the parties’ respective health insurance maximums because: ______________________________________________________________________________ ______________________________________________________________________________ ALTERNATIVE I IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Child Support Obligor and the Child Support Obligee shall immediately inform the CSEA if private health insurance coverage for the child(ren) becomes available to either the Obligor or the Obligee. The CSEA shall determine if the private health insurance is available at a reasonable cost and if coverage is reasonable, order the Obligor or the Obligee to obtain private health insurance. -ORALTERNATIVE II IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the following person(s) is/are hereby designated as the Health Insurance Obligor(s), until further order of Court: Mother Father H946/DR0908001 Divorce w/children 7 American LegalNet, Inc. www.FormsWorkFlow.com Mother and Father The Health Insurance Obligor(s) shall provide private health insurance through: MOTHER: Name of employer/group/individual Address of employer/group/individual Name of health plan Name of insurance company Claims address of insurance company Customer service telephone number Group number Identification/Subscriber number FATHER: Name of employer/group/individual Address of employer/group/individual Name of health plan Name of insurance company Claims address of insurance company Customer service telephone number Group number Identification/Subscriber number _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ and shall designate the following child(ren) as (a) covered dependent(s) under the private health insurance policy, contract or plan: Full name of each child subject to the Medical Support Order _________________________________________________ _________________________________________________ _________________________________________________ Date of Birth ___________________ ___________________ ___________________ IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to Ohio Revised Code §3119.30 the parent(s) ordered to provide private health insurance for the child(ren) shall, not later than thirty (30) days after the issuance of the order, supply the other parent with information regarding the benefits, limitations and exclusions of the health insurance coverage, copies of any insurance forms necessary to receive reimbursement, payment, or other benefits under the health insurance coverage and a copy of any necessary insurance cards. The following individual shall be reimbursed for covered out-of-pocket medical, optical, hospital, dental, or prescription expenses paid for the above-named child(ren): Name of party Address Telephone number _________________________________________ _________________________________________ _________________________________________ _________________________________________ The health plan administrator(s) of the health insurer(s) that provide(s) the private health insurance coverage for the child(ren) may continue making payment for medical, optical, hospital, dental, or prescription services directly to any health care provider in accordance with the applicable private health insurance policy, contract, or plan. H946/DR0908001 Divorce w/children 8 American LegalNet, Inc. www.FormsWorkFlow.com The employer(s) of the person(s) required to obtain private health insurance coverage is/are required to release to the other parent, any person subject to an order issued under §3109.19 of the Revised Code, or the CSEA, on written request, any necessary information on the private health insurance coverage, including the name and address of the health plan administrator and any policy, contract or plan number, and to otherwise comply with Ohio Revised Code §3119.32 and any order or notice issued under this section. If the person(s) required to obtain private health insurance coverage for the child(ren) subject to this child support order obtain(s) new employment, the agency shall comply with the requirements of section 3119.34 of the Revised Code, which may result in the issuance of a notice requiring the new employer to take whatever action is necessary to enroll the child(ren) in private health insurance coverage provided by the new employer. Any employer who receives a copy of an order issued under Ohio Revised Code §3119.30, §3119.33 or §3119.34 shall notify the CSEA of any change in or the termination of the Child Support Obligor’s or the Child Support Obligee’s private health insurance coverage that is maintained pursuant to the order. Upon receipt of notice by the CSEA that private health insurance coverage is not available at a reasonable cost, cash medical support shall be paid in the amount as determined by the child support computation worksheets in §3119.022 or §3119.023 of the Revised Code, as applicable. The CSEA may change the financial obligations of the parties to pay child support in accordance with the terms of the court order and cash medical support without a hearing or additional notice to the parties. APPLICABLE TO ALL ORDERS IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Child Support Obligor and the Child Support Obligee shall comply with the request of the CSEA in advance of an administrative review of a support order to provide the following: copy of federal income tax return from the previous year, copy of all pay stubs within the preceding six (6) months, copy of all other records evidencing the receipt of any other salary, wages or compensation within the preceding six (6) months, and, if the Obligor is a member of the uniformed services and on active military duty, a copy of the Obligor’s Internal Revenue Service Form W-2, “Wage and Tax Statement,” and a copy of a statement detailing the Obligor’s earnings and leave with the uniformed services. The Child Support Obligor and the Child Support Obligee shall also provide a list of available group health insurance and health care policies, contracts and plans, and their costs, the current health insurance or health care policy, contract, or plan under which the Obligee and/or Obligor is/are enrolled, and their costs, including any Tricare program offered by the United States Department of Defense available to the Obligee, and any other information necessary to properly review the child support order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the residential parent and legal custodian of the child(ren) immediately shall notify, and the obligor under a child support order may notify, the CSEA of any reason for which the child support order should terminate, including but not limited to the child(ren)’s death, marriage, emancipation (age 18 or high school completion/termination), enlistment in the Armed Services, deportation, or change of legal custody. A willful failure to notify the CSEA is contempt of court. The following information is provided for the use of the CSEA in accordance with §3121.24 and §3121.30 of the Ohio Revised Code: OBLIGEE: NAME MAILING ADDRESS RESIDENCE ADDRESS H946/DR0908001 Divorce w/children _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ 9 American LegalNet, Inc. www.FormsWorkFlow.com RESIDENCE PHONE NO. SOCIAL SECURITY NO. DATE OF BIRTH DRIVER’S LICENSE NO. OBLIGOR: NAME MAILING ADDRESS RESIDENCE ADDRESS RESIDENCE PHONE NO. SOCIAL SECURITY NO. DATE OF BIRTH DRIVER’S LICENSE NO. _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ The parties affected by the support order shall inform the CSEA of any change of name or other change of conditions that may affect the administration of the order. Willful failure to inform the CSEA of the above information and any changes is contempt of court. EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION. Failure to comply with this support order can result in a contempt action; and, as provided in Ohio Revised Code §2705.05, the penalty for which may be imprisonment for not more than thirty (30) days in jail and/or fine of not more than $250.00 for a first offense, not more than sixty (60) days in jail and/or fine of not more than $500.00 for a second offense, and not more than ninety (90) days in jail and/or not more than $1,000.00 fine for a third or subsequent offense. DIVISION OF PROPERTY The Court finds that the “duration of the marriage” is from _____________ until ____________. H946/DR0908001 Divorce w/children 10 American LegalNet, Inc. www.FormsWorkFlow.com IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the marital property acquired during the marriage shall be divided in accordance with this order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Ohio Revised Code §3105.171(A)(6) and (B), the following is determined to be separate property and is awarded as follows: ITEM _____________________ _____________________ _____________________ _____________________ VALUE ___________ ___________ ___________ ___________ PROPERTY OF ___________________ ___________________ ___________________ ___________________ AWARDED TO ___________________ ___________________ ___________________ ___________________ The Court makes the following findings of fact in support of its determination that the following property, though found to be the separate property of _________________________, should not be disbursed to that party: __________________________________________________________________ ____________________________________________________________________________________. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby awarded the following property as division of property, free and clear from any claim by Defendant: ITEM ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ VALUE ___________________ ___________________ ___________________ ___________________ IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff pay and hold Defendant harmless on the following marital debts: ITEM ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ AMOUNT DUE ___________________ ___________________ ___________________ ___________________ IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant is hereby awarded the following property as division of property, free and clear from any claim by Plaintiff: ITEM ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ VALUE ___________________ ___________________ ___________________ ___________________ IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant pay and hold Plaintiff harmless on the following marital debts: ITEM ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ AMOUNT DUE ___________________ ___________________ ___________________ ___________________ IT IS FURTHER ORDERED, ADJUDGED AND DECREED that _________________ be and he/she is hereby awarded as division of property ___________________’s interest in the real estate, the legal description of which is attached as Exhibit ___ and incorporated herein as if fully rewritten and (if personal jurisdiction) __________________ is ordered to execute a deed in favor of H946/DR0908001 Divorce w/children 11 American LegalNet, Inc. www.FormsWorkFlow.com __________________ to said property; upon his/her failure to do so within five (5) days of the signing hereof, this decree shall operate as a conveyance thereof and the Clerk is directed to certify so much as is necessary of this decree to effectuate such conveyance to the County Auditor and County Recorder. The Court determines that the foregoing constitutes an equal division of the property. -ORThe Court determines that the foregoing division of property, though not equal, is equitable and makes the following findings of fact in support of that determination: _________________________ _____________________________________________________________________________________ ____________________________________________________________________________________. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that___________________ pay to ______________________ as additional spousal support the expenses for his/her counsel fees in the sum of $____________, for which judgment is rendered and execution may issue. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any Qualified Domestic Relations Order (QDRO) or Division of Property Order that is necessary to implement the orders herein, and was not submitted at the time of this final hearing pursuant to Local Rule 28 (E)(1) of the Court of Common Pleas, Division of Domestic Relations, Cuyahoga County, Ohio, shall be prepared by the party noted in that Rule or _________________________, no later than ____________________ days from this date. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Court retains jurisdiction with respect to the Qualified Domestic Relations Order or Division of Property Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the nonparticipant as set forth herein, including the re-characterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED the participant shall not take actions, affirmative or otherwise, that can circumvent the terms and provisions of the Qualified Domestic Relations Order or Division of Property Order, or that may diminish or extinguish the rights and entitlements of the non-participant. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that ____________________ (DOB_____________) be and is hereby restored to her former name of __________________________. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all restraining orders previously issued by this Court are hereby dissolved and set aside. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the costs of this proceeding shall be paid by ______________________________________. IT IS SO ORDERED. ______________________________________ JUDGE ______________________________________ PLAINTIFF H946/DR0908001 Divorce w/children ______________________________________ DEFENDANT 12 American LegalNet, Inc. www.FormsWorkFlow.com ______________________________________ ATTORNEY FOR PLAINTIFF H946/DR0908001 Divorce w/children ______________________________________ ATTORNEY FOR DEFENDANT 13 American LegalNet, Inc. www.FormsWorkFlow.com