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Raenell Leigh Nagel

Raenell Nagel’s Answers

125 total


  • Ex husband did not remove me from liability on 10 properties per divorce decree. Ex passed January 2013

    I am now being hounded by debt collectors. I am on social security with very limited income. All the properties have been sold a public auction. Am I liable for any balances remaining on these mortgages? I can not afford a lawyer.

    Raenell’s Answer

    This sounds like a frustrating situation for you, and also a complex one, given that he has passed away and that his estate has likely been closed in probate.

    You would be best served by speaking with an attorney who can review the relevant documentation and point you in the right direction.

    If you meet the income requirements, you may be able to obtain advice and/or representation through legal aid. I've included the link here to your local legal aid.

    Best of luck!
    Raenell Nagel

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  • I completed my degree while legally separated. Will my non-custodial ex get child support based on my new earnings?

    While legally separated I completed my nursing degree and was recently hired by a local hospital. My 10 year old daughter lives with me and I am residential parent for school purposes. My soon to be ex-husband has not contributed in way to my ed...

    Raenell’s Answer

    I'm sorry for this difficult situation in which you find yourself.

    The short answer to your question about child support is that each parent's income is taken into account in the calculation of child support obligations. So, your income, even though it is new, would be taken into account.

    The long answer is that child support obligations are calculated according to a statutory formula that takes into account the parents' incomes, certain expenses, and child custody. The purpose is to distribute the child support obligation in an equitable way - so for example, if one parent has custody of the children 90% of the time, then the other parent may find themselves responsible for the majority of the support obligation. Once you have the calculation based on the statutory formula, it is possible that the support obligation may deviate up or down based on a variety of factors, if approved by the court. For example, a parent may choose to pay more child support than legally required in order to provide the child with a higher standard of living. You can read more about the factors involved in the statutory formula in the link I provided below.

    For a more specific analysis, you should speak with an attorney to get a confidential review of your situation and an estimate of the likely child support obligation.

    Best of luck!
    Raenell Nagel

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  • Will judge take into considerations how often child changes schools?

    I'm going for full custody and I was wondering if the judge will consider the fact that my child has switched schools 4 times in about 3 years because my ex keeps moving in with random friends. They are pretty much homeless (my ex+5 kids) and jus...

    Raenell’s Answer

    I'm sorry for this difficult situation you find yourself in. The court looks a wide range of factors when determining what is in the best interest of a child, including the stability provided by the custodial parent.

    However, because there are so many factors to be considered, a person who seeks to gain full custody should work with an attorney to put together the best possible argument and evidence that a change in custody is warranted and in the child's best interest.

    You can get an idea of the factors that the court considers by looking at Ohio Revised Code 3109.04(F). I've included the link below.

    Best of luck!

    Raenell Nagel
    Nagel & Dougherty LLC
    Dublin, OH
    Raenell@NMDLawGroup.com
    614-707-4663
    www.facebook.com/nageldougherty

    Serving clients across Ohio
    Free initial telephone consultation
    Sliding scale fees available to eligible applicants

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  • I would like to get some advice regarding an amicable divorce where both parties agree to split of property and with no children

    My wife and I got separated over 2 years ago. She moved with her father for a few months, then he kicked her out basically. She moved back in for about 4 months, then got her own apartment in which she still lives. When we got separated, we agr...

    Raenell’s Answer

    The other respondents have provided good direction. I would add some additional information about what might happen when there is an income imbalance between spouses.

    Generally, when a marriage ends, the court likes to put the parties, as closely as possible, in the position they would have been in had they stayed married. That is why a starting point for division of marital property is 50/50.

    When there is an income imbalance, such as when one spouse has lost a job or has lower income earning potential than the other, the court may find it reasonable to grant spousal support in order to put the spouses in that position where they would have been had they stayed married. The spousal support may come with conditions (such as that it end when the receiving spouse remarries, for example) or it may be possible to modify the support in the future based on a change in circumstances (such if the unemployed spouse gets a new, high-paying job).

    Even if one spouse requests support, it's an issue that could be discussed and agreed upon as part of the couple's negotiation for a dissolution.

    Best of luck!

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  • My girl friends mother wants to grant me legal authority for her grandchildren who live with me. re health/education matters

    is there a limited power of attorney form or can she write her desires out and just have it notarized ?

    Raenell’s Answer

    As the other respondents mentioned, you'd be best served by contacting an attorney who can review all the details of the situation. This is because your situation is complex and would require the discussion of confidential information in order to give you correct advice.

    In particular, it will be important for an attorney to know what type of legal authority the grandmother has over the children (custody or some other arrangement). It's also complicated by the fact that you are not a relative.

    Before you meet with an attorney, make sure you have copies of all custody orders or other documents related to the grandmother's care of the children, as well as a list of the things that the grandmother would like your help with regarding their care.

    Best of luck!

    Raenell Nagel
    Nagel & Dougherty LLC
    Dublin, OH
    Raenell@NMDLawGroup.com
    614-707-4663
    www.facebook.com/nageldougherty

    Serving clients across Ohio
    Free initial telephone consultation
    Sliding scale fees available to eligible applicants

    See question 
  • Shared Parenting Plan advice for the father of a 7 month old son, who has yet to establish legal parental rights and paternity.

    I have a 7 month old son with an ex girlfriend (whom I was not married to). Our attempt at working together on a Shared Parenting Plan went sour. She is now asking about reconciliation. I am not completely opposed to this, but I have made it clear...

    Raenell’s Answer

    I agree with the other respondents that you should contact an attorney for assistance, as the process of establishing paternity, visitation/custody, and support can be complex.

    As you may know, when a couple is unmarried at the time of the conception and birth of a child, sole legal and physical custody remains with the mother. Paternity must first be established before either parent can seek a court order to allocate custody or support, paternity.

    It's important to know that a mother may initiate the establishment of paternity solely for the purposes of gaining a child support order, with no parental rights being allocated to the father as a result of that process.

    Similarly, a father may initiate the process on his own to gain custody/visitation and other parental rights, as well as to gain an order for the amount of child support to be paid.

    Because child support may be sought independently of a father seeking parental rights, there is no reason for a father to delay seeking parental rights out of concern about support.

    It may even be an advantage for the father to seek a child support order because it can provide a fair distribution of the support burden between parents, as support is calculated according to a formula written into law that takes into account the income of both parents as well as other factors.

    Best of luck!

    Raenell Nagel
    Nagel & Dougherty LLC
    Dublin, OH
    Raenell@NMDLawGroup.com
    614-707-4663
    www.facebook.com/nageldougherty

    Serving clients across Ohio
    Free initial telephone consultation
    Sliding scale fees available to eligible applicants

    See question 
  • A firework event is listed in the holiday schedule of my parental agreement, is it specific to the attendance of the event?

    When this event was added to our agreement (mine - odd years, my ex - even years), it also stated that we had to give each other reasonable time for the event. My ex (we never married or lived together but had a child together at age 19) thinks t...

    Raenell’s Answer

    I agree with the other respondent that each parent getting the time allocated with the child is really key here, and suggest a look at the intent and language of that provision of your parenting time schedule.

    In a situation like this, I would ask if the intent of the parents was that the child be taken each year to that specific event. Or was it to allow each parent time on that holiday or other special day? What would happen if that event were ever to be canceled one year, or discontinued altogether? What is the wish of the child (if he or she is old enough to express it)?

    As for the time allotted for each parent to spend with the child at that time, typically shared parenting plans specify a default time in case the parents cannot agree. For example, a provision covering parenting time for the 4th of July might say "As Agreed OR...7/4 at 4:00pm to 7/5 at 12;00pm". But, not all plans contain that default provision, and leave it to the parents to agree.

    I suggest reviewing the language of your plan, and browsing through some sample parenting plans online to give you a sense of what is considered a reasonable amount of time for various holidays and other special days for which time is specifically allocated. I have linked to the sample parenting time schedule for Franklin County, but you can find others online.

    With that knowledge, you will be better prepared to discuss the situation with the other parent and come to an agreement both as to the event itself and the time allotted. And, you can retain an attorney to resolve the situation if at any point the communications break down.

    Best of luck!

    Raenell Nagel
    Nagel & Dougherty LLC
    Dublin, OH
    Raenell@NMDLawGroup.com
    614-707-4663
    www.facebook.com/nageldougherty

    Serving clients across Ohio
    Free initial telephone consultation
    Sliding scale fees available to eligible applicants

    See question 
  • Child support and spouse's employment

    Hello, My husband and I have been married for 12 years and we have 3 children. We both decided that we do not with to continue our relationship as a married couple, and both agreed that a mediator rather than a divorce attorney will be the bes...

    Raenell’s Answer

    The other respondent provided some very good information. I would just add a couple of extra points.

    Child support in Ohio is calculated based on a formula that is written into law. It's a pretty complex formula, and will take both spouses' income into account, as well as custody arrangements and other factors.

    I've attached a link that can give you an overview of what information goes into that calculation. Formatting on the webpage makes it difficult to read correctly, but you'll get the idea.

    Your question was categorized as "Alimony", so you may also have questions about receiving spousal support. Spousal support is separate from child support, and it's possible that you could request and be awarded both. Factors like employment status and earning potential of both spouses are definitely taken into account when spousal support awards are made.

    Working with a mediator is a great approach for both parties to make the decisions that need to be made in order to end the marriage through a dissolution (which is generally less stressful and less costly for both parties). However, I would also urge you to retain an attorney who can represent you at the mediation sessions and make sure that your rights are protected.

    Some people worry that engaging an attorney might ratchet up the tension when both parties are otherwise committed to an amicable parting. It doesn't have to be that way - an attorney can help to facilitate the process and make sure that all steps in the process are followed properly.

    Best of luck!

    Raenell Nagel
    Nagel & Dougherty LLC
    Dublin, OH
    Raenell@NMDLawGroup.com
    614-707-4663
    www.facebook.com/nageldougherty

    Serving clients across Ohio
    Free initial telephone consultation
    Sliding scale fees available to eligible applicants

    See question 
  • I need an affordable attorney for help assisting with getting the proper visitation rights to see my son.

    I do not have a lot of money, I cannot spend thousands of dollars on this issue, I am the child's mother and I am not receiving the proper visitation that I should be getting, I am sick of getting the run around from bogus legal offices that offer...

    Raenell’s Answer

    I'm sorry you're having trouble finding assistance. I have a few suggestions that may help:

    1) If you can't afford services at all, you might try legal aid to see if you qualify for assistance. I've included the link here for the organization closest to you.

    2) If legal aid isn't an option, I suggest looking for an attorney who uses sliding scale fees or who is willing to work out a payment arrangement. You may need to call a few offices to ask what they can offer. You might also a local bar association for suggestions from their lawyer referral service. I've included a link below for the association closest to you.

    Access to justice should be available to everyone. Best of luck!

    Raenell Nagel
    Nagel & Dougherty LLC
    Dublin, OH
    Raenell@NMDLawGroup.com
    614-707-4663
    www.facebook.com/nageldougherty

    Serving clients across Ohio
    Free initial telephone consultation
    Sliding scale fees available to eligible applicants

    See question 
  • What 5 things should one not do when the precipice of a divorce/dissolution is imminent?

    My spouse and I have been married 6.5 years. We have purchased 2 cars together, one home, have joint and separate banking accounts. There are retirement funds and high value physical assets. To my knowledge, neither side has committed adultery, wa...

    Raenell’s Answer

    As another respondent said, it's true that there is no magic list of things that you should or shouldn't do as you prepare for the end of your marriage. The most important thing you can do is retain a family law attorney to guide you through the process.

    That said, there are a few things that you can do even before you retain an attorney that will help expedite the process. These include:

    --Copy all important documents. Make sure to include electronic data, for example, a backup of Quicken if you use this to track finances. This would include tax returns, bank statements and other financial documents, titles to vehicle and other personal property, as well as anything else that will inform the division of property, spousal support, etc...

    --Make a list of all household personal property. As best you can, designate which spouse it belongs to or whether it is joint property. This should include cars, boats, jewelry, furniture, and more.

    --Think through the existing household budget and document it. Also begin to think through a post-divorce budget. Make sure to consider debts owed, by which spouse, and how those will be paid.

    --If you don't already know, find out your spouse's income and the value of any other sources of funds they keep individually.

    --If you have children, think about their welfare, how to provide for them, and a plan for custody/visitation first before thinking about property division, spousal support, etc...

    Above all, try to stay open to the possibility of a collaborative dissolution process if the other spouse is willing. It tends to result in less stress and less expense for both parties.

    Best of luck!

    Raenell Nagel
    Nagel & Dougherty LLC
    Dublin, OH
    Raenell@NMDLawGroup.com
    614-707-4663
    www.facebook.com/nageldougherty

    Serving clients across Ohio
    Free initial telephone consultation
    Sliding scale fees available to eligible applicants

    See question