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Lee Alan Thompson
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Lee Thompson’s Answers

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  • Can I get sole custody? Or do I have to just deal with this?

    So I have a son who is 6 and a daughter that is 6 months. Me and their father has an agreement for the oldest but not the baby. The father for the last 3 years have made my life a living hell. The environment is not healthy for my oldest any longe...

    Lee’s Answer

    What's left out here is whether there is an order allowing him to see either child. Assuming there's not and, assuming you were never married to him, he has no rights to either child. You have custody as a matter of law in Ohio.

    A couple things here, including getting an attorney for some limited work, is to make out police reports. Get a civil stalking order against her and a civil protection order again him if you have the grounds for the latter one. If not, a stalking order against him sounds appropriate. If you get those and the orders are violated, call the police. It then becomes a criminal matter.

    Best to you,
    Lee

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  • Does the state have the right to ask for payment after so long without any kind of contact in that time?

    I got divorced 12 years ago and my ex was suppose to pay for filling/court costs, about two weeks ago I got a notice from the state for payment due, $600 due. Does the state have the right to ask for payment after so long and expect payment, I nev...

    Lee’s Answer

    Mr. Kirner and Mr. Jaap are both correct.

    Before deciding to sue anyone, check the divorce decree. It's usually at the end, but it should say which party is to pay the costs. If it says costs are to be divided equally and one-half is $600, or if it says you are to pay the costs and it comes to $600, you have the responsibility to pay it. If you were in Washington at the time and didn't have an attorney and he did when he filed, my guess is costs were directed to be paid by you. Check the divorce decree first.
    Best to you,
    Lee

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  • Do I have any legal recourse to penalize her and fix my credit.?

    Ex wife of 6 years used a joint credit card that was overlooked to be closed....has ruined my credit rating...did this knowingly. ...7000 dollar balance... .2000 in overdue payments...she is in N CAROLINA....I'm in Ohio.

    Lee’s Answer

    If it was in the order she not use, you could file a contempt. The problem is, if she doesn't show, a warrant will be issued for her but unless she's involved say a traffic stop in Ohio, it won't do you much good. Sounds like you should start by making a police report out and get someone to work on your credit. I'm not certain putting this question under 'divorce' is the right place for it. Perhaps another place to post it would be under consumer protection or criminal law.

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  • Should I Hire a lawyer in Ohio or Alaska to file for a divorce.

    I have been separated from my wife who lives in Alaska since 97. We lived in Alaska when separated, we got married in Ohio where I currently live. I had custody of our only son and now he is an adult.

    Lee’s Answer

    You can file in Ohio and I would. It's easier for you by far. It would require her to defend here. But speak with an attorney as there be some ancillary issues. I'd venture to guess there's not. After being separated for around 19 years, grounds for divorce are simple and you can use living separate and apart for more than one year with interruption or cohabitation for more than one year prior to the filing of the complaint for divorce.

    Best to you,
    Lee

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  • Will an ex parte motion allow me to have temporary full custody and allow her dad to have supervised visitation?

    I have a shared parenting agreement with my ex-husband for our daughter, since 2012. In that time he has never kept to the visitation schedule and his time with her is sporadic. He is chronically unemployed, has been homeless several times, and ha...

    Lee’s Answer

    You should consider doing both the ex parte for custody and supervised visitation and combine it with a motin to modify the shared parenting plan to name you residential parent and legal custodian(custody) with to have supervised visitation. Find a good attorney in the Mt. Vernon area and speak with him/her. Combine with a contempt on the support.

    Best to you,
    Lee

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  • Rules on shared parenting

    Shared Parenting! Need help and advise! "Residential parent" isn't doing anything she's suppose to, She doesn't have a home or a car seat only sees her child 1 maybe 1 and a half days a week! The 2 yr old screams bloody murder if you make him g...

    Lee’s Answer

    Most courts in Ohio have rules regarding parenting time including how late a person can be before time is forfeited. In skimming the rules of your county, it appears it does as well. See http://clerkofcourts.muskingumcounty.org/pdfs/CPC%20Domestic%20Rules.pdf

    My guess is the rules are incorporated into your shared parenting plan. There is also a schedule for babies and infants but it looks like that ends at 18 months. If I'm understanding this, her chances of obtaining custody are not good at all and it seems he should be seeking custody rather than keeping up the charade of shared parenting. It's not working. He would need to seek a modification through the court. The best advice is for him to have a consultation with an attorney to go into this in more detail. There are attorneys that do not charge for an initial consultation.

    Best to you,
    Lee

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  • How is income divided in a divorce ? If we were each working part time, is that our own personal money or is that divided also

    After 45 years we have no property. We each receive SS and my husband has a pension. We don't speak to each other and live like room mates. I want out. I want to take online classes to enable me to work at home and also allow me to move out. ...

    Lee’s Answer

    To me, the first part is easier to answer. This would seem to be an income equalization case. In other words, and I'm making up numbers here, suppose your social security is $600 monthly and his social security is $800 monthly. Now let's say is pension is $600 monthly. Add those up and you get $2,000 per month. or $1,000 per month to each of you. In order to equalize it, he would pay you $400 per month. That means a tough way to go for each of you.

    The additional income, which would come after termination of the marriage it sounds like, is more difficult. It would depend on how the order is written and keep in mind, there may be another way to get some additional income for the lower social security person.

    What I would do is find an attorney and will give you a free consultation. One other thing, everyone has property of some kind.

    No matter how you do this, it's going to be difficult financially for both of you.

    Best to you,
    Lee

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  • Are there any papers I can have drawn up to prove custody? Without having to have a court hearing involving their father?

    I have two children with my ex. We were not married when either of them were born, therefore I automatically had sole legal custody. His name is on the birth certificates. I have been asked in the past for custody papers, which I do not have. Ther...

    Lee’s Answer

    Strangely enough, although you are correct regarding the law, too many people are not. I've run into this so many times. I've mothers in your situation that have trouble with the police when the father shows up demanding the child and police telling the mother she has to turn the child over. Not true, just a lack of education. Although, this is slowly changing but not everyone understands.

    What I've done for mothers in your position in the past is write her a very detailed letter outlining the law, why some police may make a mistake(making it sound like it's understandable) and why the police will not interfere because this neglected piece of law is just not always known. The letter works by showing to the officer, or anyone else needing to see it.

    It's unfortunate I have had to do the letter but, it seems to be the only way to make people in authority understand the law and gives in this case the mother something to hang onto.

    Other than that, I'm not sure what to tell you except that operation of law, you do have custody.

    Best to you,
    Lee

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  • What can i do to get custody of my child if the mother cannot afford to take care of our child without asking for child support?

    My 6 year olds mother and I are married but separated. When we first were separated I was giving her money every other week( Not under court order, out of my paycheck in money orders). She couldn't prove to me that the money she was receiving was...

    Lee’s Answer

    No court I'm aware of is going to make her prove how the money was, court ordered or paid voluntarily. The test for the court is the best interest of the child in awarding custody. If you feel it to be in the best interest of the child to be with you, you need to file for divorce and seek custody. Before doing so though, discuss it thoroughly with an attorney. There are too many factors than can be answered on this site that need to be considered. An argument that she cannot afford to care for the child without receiving child support is not going to be an argument that wins a custody case. There are many factors the court looks at which means there are many factors you need to make an analysis of with someone that does custody work.

    What will be discovered is there are both positive and negative aspects on both sides. Many attorneys do a free initial consultation. Find one and discuss it.

    Best to you,
    Lee

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  • Is there anything for me to monetarily benefit from this situation with her lying under oath?

    I just went through a dissolution divorce and less than a week after, found out the my now ex wife was knowingly pregnant (100% not mine) at the time of the court/judge hearing and when she was asked if she was pregnant, she replied "no". Is ther...

    Lee’s Answer

    Actually, there is. There's a presumption you're the father of the child. It's not so much turning her in for lying as it to get something filed with the court to correct the record. Otherwise, you'll need to more later to avoid child support issues.

    It's like the old Mr. Goodwrench commercial is you're old enough to remember it. The idea was to take care of something early before it became a big problem. As I recall, his final words on commercials was, "Pay me now or pay me later."

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