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Christopher Joseph Tamms

Christopher Tamms’s Answers

1,876 total

  • How can I get at least visitation rights to a child I have supported for almost 5 years. He lives with a friend of the mother.

    The boy will be 6 in December. He has lived in my house for almost 3 years until last December. I told the mother to leave since she is still doing drugs and alcohol. The boy was left by the mother since December. Baby sitter (Friend of the mother...

    Christopher’s Answer

    I'm not sure that you can. Ohio law authorizes custody and shared custody to a non-parent when the parents are unfit, but doesn't authorize a non-parent other than aomeone related by blood or affinity to petition for companionship time. You might be able to file for custody yourself but it will be difficult.

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  • My ex owns her own business. She recently filed for a child support modification in order to get a higher payment.

    She can manipulate her income to be in her favor. She can make it seem like she makes very little in order to get I bigger payment from me . What can I do about this issue?

    Christopher’s Answer

    You need to get a lawyer who has experience in valuing businesses and dealing with the self employed. There are many ways to prove her income, sadly nothing is as easy as looking at a good ole W2. As that won't be the case here, you're not going to be able to do this on your own. It will require careful discovery and depositions. Good luck.

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  • In a custody case where Gal., has recommended me to be sole custodial parent..

    Mother has been in violation of a court order for visitation since aug. 2014, she refuses to let me have my shared parenting time. Trial is set for aug. 1015, I don't want to be without my son for another 3 months...

    Christopher’s Answer

    Get a lawyer. In the meantime, file a motion for contempt for her failure to follow the shared parenting plan. Good luck.

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  • Going through a divorce in Ohio. Can the wife get a restraining order to force me to move out of my house?

    Neither of our names is on the house deed

    Christopher’s Answer

    It depends. Is there abuse or domestic violence present it would become more likely. However, at some point the court will have to determine how the house, if owned, will be divided as an asset. Is it separate property of a spouse, martial property of the spouses, or a combination of both.

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  • Want a divorce! Can't afford one . He makes good money!

    I get SSD. He is very controlling . !! Mean & mentAl stress ! Can I make him pay! Iam very stressed. To the point he has hurt me need divorce can't live with him . Can I get alamony ?

    Christopher’s Answer

    Who knows. It depends on a number of factors which are listed in R.C. 3105.18 including:

    (a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code;
    (b) The relative earning abilities of the parties;
    (c) The ages and the physical, mental, and emotional conditions of the parties;
    (d) The retirement benefits of the parties;
    (e) The duration of the marriage;
    (f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
    (g) The standard of living of the parties established during the marriage;
    (h) The relative extent of education of the parties;
    (i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
    (j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;
    (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
    (l) The tax consequences, for each party, of an award of spousal support;
    (m) The lost income production capacity of either party that resulted from that party's marital responsibilities;
    (n) Any other factor that the court expressly finds to be relevant and equitable.

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  • I have sole custody of my daughters and need to move to Florida for work

    She has visitation sunday 10 to 6 only. She hasn't seen them in a year & is on mental disability, is an alcoholic, has tried to commit suicide, & has threatened to hurt the girls. My goal is a want to move without her having any rights to then get...

    Christopher’s Answer

    File a relocation notice with the court and serve her. If she doth protest, you'll need to seek a change to the parenting time order which shouldn't be that hard if the facts are as you say. If your goal is token the kids away from her altogether you need to get with an attorney and be prepared to spend a bunch of money on psych evaluations to show that her presence would harm the children.

    On the other hand, if time is of the essence and she won't show up for court, you might file, show up for court and have the order modified. If she doesn't show up the court may grant your wishes and curtail her parenting time. She would have to file her own motion to get parenting time restarted.

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  • My son is almost 17 years old. Shared Parenting. Every other weekend. Two nights a week at his dads house overnight. 16 month

    post divorce. Child has not stayed at dads house on his two nights a week for 16 months. Child just informed me that he does not want to go to his dads during the week. He never has and he has been holding this in since the divorce. He does not...

    Christopher’s Answer

    I would think it depends on the amount of the deviation and the factual findings supporting it. If the findings of fact base the deviation solely on the amount of his parenting time (which doesn't seem to be unusual) it might make sense to seek a consult with a lawyer to determine whether going back to court will be worth it. Keep in mind that your child's father will likely demand that your son go over there in a misguided effort to preserve his deviation.

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  • Modified child support in the process

    can my ex husbands attorney appoint me part time employment on the child support income worksheet? I am a stay at home mother always have been. But during our divorce they appointed me a part time salary to reduce his child support payments. If I...

    Christopher’s Answer

    If you are an able bodied adult, there is no reason why they wouldn't appoint an income to you. What that income should be is a matter for the court to decide. R.C. 3119.01(11) defines potential income and the factors that a court looks at when a person is voluntarily unemployed or underemployed. Upon a finding of voluntarily underemployment or unemployment the court is able to impute income to that person.

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  • What do I need to show to prove that my son living with me is in his best interest?

    The father currently has legal custody of the child. However, previous to now, we lived together for 2 years and then me and the child moved to California. During the almost year we have lived down here, the father has come to take my child from m...

    Christopher’s Answer

    You need to get a lawyer. Custody cases are very difficult to win without one. I also recommend you read R.C. 3109.04(F) which lists the facts for determining best interest.

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  • I raise a child that is my sister's.

    Both she and the father of the child are ordered to pay support, however the father just filed a private motion. The private motion is not because [the father's] financial situation changed, it's because he thinks my sister's financial situation ...

    Christopher’s Answer

    If you're raising the child of another couple, you basically signed up for litigation with the parents until that child is an adult if that's the type of people they are. You probably want to get your own lawyer involved if child support is an issue for you. Your attorney can hire a private investigator to ascertain who lives with the father.

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