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Lee Alan Thompson
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Lee Thompson’s Answers

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  • My husband blindsided me with wanting a divorce.

    Husband was in the oil business in CC Texas and when oil dropped and they quit fracing we lost everything. I am living in a house that's owned by his aunt, in Sandusky, he wants me out and his aunt told him shed start eviction notice, but I have n...

    Lee’s Answer

    You don't have to leave just because you are asked to do so. However, his aunt can file an eviction action. That's really about the only way to get you out. Contest it though. Typically these are cases that legal aid handles and everything needs to be done in strict accordance with the law. If she does it on her own, it's very possible she'll do it incorrectly. I'm not from that area of Ohio, so look up Legal Aid in your area and call.

    Best to you,
    Lee

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  • Child custody rights during divorce

    Going thru divorce, restraint order against ex for myself and son. Son has had traumatic year, extreme anger issues, expulsion, hospitilization for suicide attempt, etc. Husband is saying all of this is my fault, where myself and counselors have ...

    Lee’s Answer

    I think I'd be more concerned about how he would use it for custody if you don't do what the counselor recommended. The thing is, this beyond anyone obtaining leverage in a custody case. It's about the health of your son.

    If it is believed necessary, then you should do it. You mentioned suicide. That's not something to be taken likely. The cost would have to be determined by the court. Neither of you should be using it for custody purposes. If it needs done, do it. If you don't have an attorney, you should.

    Best to you and your son,
    Lee

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  • Will ex have to reimburse me at some point for what I'm paying for childs braces?

    Our custody agreement reads as follows "A. Medical: The parents shall consult and mutually agree with respect to all medical is.sues (including but not necessarily limited to medical, surgical, dental, optical, ----------- ----...

    Lee’s Answer

    It's difficult to tell from what you've provided. This section says the ortho work is to be done. What it doesn't address is payment. Therefore, somewhere else in the document, I have to believe payment is addressed. Therefore, more information is needed.

    If it does say you are for example to share the costs equally not covered by insurance, work with her to see that the billing is split as ordered rather than simply paying the full amount upfront and then having to try to recover your portion. Typically, the orthodontist's office will work with both of you.

    If doesn't address payment, it needs modified through court. The modification can be by agreement but it needs to be an order signed by the court.

    Best to you,
    Lee

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  • Can we file for visitation if custodial mother moved out of state with child?

    My husband and his ex (never married) have a child support agreement but no official visitation set up. When we got married we found out his ex was moving to Alabama with her boyfriend (now husband) and she stated we would get visitation over summ...

    Lee’s Answer

    I have to make assumptions in order to answer this. I'm assuming the case was dismissed for failure of service. That could have been corrected at the time it sounds as though it wasn't.

    Now I'm further assuming she has been in Alabama for two years and your husband is now wants to establish parenting time. If I'm right on the latter assumption, under the law the home state is now Alabama and he'd have file there, which no doubt means getting an attorney.

    So yes, there are things he can do but it doesn't sound like Ohio is going to be the place to do it.

    Best to you,
    Lee

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  • Do I have grounds to file for full custody?

    My ex-wife has perinatal custody of our child, she regularly pawns him off to go out (I have proof). She has been fired from 8 jobs in the last 7 years for stealing, one of which came with a court conviction. I do all his school projects with him...

    Lee’s Answer

    Very well could have. These are factors the court will look at in determining the best interest of the child. You will have to show a change of circumstances in addition though. It would require more information, which means sitting down with an attorney, but you may have grounds for an emergency order. There's no way it can be determined here if you do.

    Best to you,
    Lee

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  • My ex no-showed for mediation and divorce hearing. Is he allowed to take half of our belongings as his own personal items? Help

    He faxed a 4 page paper to local police 4 days before he was ordered to remove his "personal belongings only" listing furniture and other items. Am I legally obligated to give him everything he is asking for? My son and I have a 5 year civil pro...

    Lee’s Answer

    If the time hasn't come and gone, call your attorney or victim advocate immediately. Sounds like too much property is being asked for. Also, call the police and let them know he'll have to go through the court to get things he wants.

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  • Do you have to personally be served papers for a contempt of court violation in clark county ohio

    If I was served papers via certified mail for a clark county ohio violation of visitation is that considered being served? I read that if it could carry a jail sentence that I would have to be served personally. Is this correct also if the other...

    Lee’s Answer

    Since Mr. Sheets is in that area, go with what he said on the certified mail service. In my county, we have to served all contempts by personal service now. Both parties can be in contempt.

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  • Can a divorced women use her former last name while supposedly remarried?

    Said women has been legally divorced for seventeen years and has no children by either husband. And insist on using her first husband last name. Questions are rising about inherences.

    Lee’s Answer

    She can use whatever name she desires provided she is not trying to defraud creditors. As I am reading this, the concern seems to be over inheritance. That was lost at the time of divorce. However, if a new Will was made leaving her something, and the name change was subsequent, the property would still pass to her. The key is to property identify the person at the time the Will is made. Names often change later. I'm not sure if this answers your question because it's not 100% clear to me what you are asking.

    Best to you,
    Lee

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  • My wife inherited a house from a family friend while we were married can I get half

    the lady was96 my family helped take care of her the last few years of her life I did stuff around and so did my wife she willed the house to my wife and now my wife wants a dissolution and says I cant touch the house is that true

    Lee’s Answer

    Maybe, maybe not. An inheritance is considered separate property in Ohio so it would be her home. However, if your name was added to the deed, then it's possible it turned into marital property. Also, if during the marriage you and your wife did renovation to it, there is an argument to be made you have an interest in it. This one requires more facts and an attorney to analyze everything.

    Best to you,
    Lee

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  • I was named sole beneficiary on a 403b retirement account by my father. Will my stepmother be able to sue for any of the money?

    The 403b account had existed since my mother and father were married 26 years ago, and they had divorced when I was two years old. My mother's name was subsequently removed from the account and I was left as the sole beneficiary. My father remarri...

    Lee’s Answer

    My thought is you don't have to worry about it for a couple reasons, although the second one is not really stated but assumed for this answer. The beneficiary designation should control but also, it sounds as though it existed before the marriage and there separate property of your father if this was truly a divorce question. It's really a probate question and should be asked under probate, not divorce. I'd switch it for you but I'm not sure how.

    Best to you,
    Lee

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