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Erin Adams Armstrong's Answers
- 81 Legal Answers
- 0 Legal Guides
4
Attorney answers:
My spouse has hired a lawyer in the same small office that my uncle is a lawyer. is this legal
It certainly does not "smell" right even if there is not a technical conflict. I would be surprised if the attorney realizes the relationship. A similar situation happened in my practice and the firm turned down representation to avoid even the appearance of impropriety.
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3
Attorney answers:
Can I divorce my wife without having to give her half my house and alimony so my kids can be left with everything?
You would have a strong argument that the date to be used for when accumulation of marital assets stopped was the date of separation. The Ohio Revised Code defaults to the date the marriage is terminated but the Court can use a different date if it finds that it is fair, just, and equitable to do so. Please seek counsel as soon as possible.
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1
Attorney answers:
Divorce Decree states ex-husband to refinance HELOC within 6 mos.of filing divorce to remove ex-wife's name.
Yes. The ex-husband can really be forced to refinance, sell, or face penalties for contempt of court, which can include fines, payment of attorney fees, and potentially jail time. This is not instantaneous relief but the Court will hold his foot to the fire to disentangle the former couple's finances.
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1
Attorney answers:
I have been married since October 24, 2009 and we have decided to divorce. How do I go about doing this?
The cheapest way is to reach an agreement on everything and then get that agreement written up and signed. Your question leaves a lot of information out that is important in fully answering how long this will take or how much this may cost.
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2
Attorney answers:
Can my new husband adopt my child from a previous relationship?
After a year with no contact OR no support, her biological father's consent is not required for a step-parent adoption. You will need to consult with an attorney who practices in the county of your residence (presumably Franklin) to know what local customs may exist. Some counties want the new marriage to be at least a year underway before petitioning the court for an adoption.
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2
Attorney answers:
Question on how i can use the information i know about my ex so that i can get shared custody of my son.
Your fiance needs to retain counsel and file a petition in the juvenile court. If child support was established then paternity must have been acknowledged or otherwise established. The information that you have, if it can been proven, can be helpful. One factor that the Court looks at in determining the property custodial arrangements is which parent is more likely to facilitate a relationship with the other. "Lisa" is demonstrating that she is unwilling to do so and this will weigh against her.
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2
Attorney answers:
How do I protect my finances as well as anything my husband to be purchase together from his HUGE child support order?
You will need to speak with a tax expert about making sure that your income tax return does not get intercepted along wtih his if you file a joint return. In addition, it is wise to maintain separate accounts or to have your husband as an authorized signature and the beneficiary of a payable on death designation but not an owner of the account.
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1
Attorney answers:
Is it necessary to file contempt of court when someone is clearly already in contempt and it is documented?
You will need to file a motion to show cause and be prepared to try the case. The court does have the contempt forms available for download from their website though it is much better to seek counsel. It may be possible to have the ex ordered to pay your husband's legal fees back to him that he incurrs in filing the motion.
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1
Attorney answers:
If I was unable to pay spousal support previously, and now my wife is married, will I owe the back support if I get it stopped?
Typically, the arrearage would be owed absent an agreement to the contrary with your ex-wife and the future amount owed (from the date of your motion to terminate the spousal support or wife's notice to CSEA, if they are involved, of her remarriage) would be cancelled with the withholding continuing until your arrearage is satisfied.
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2
Attorney answers:
In Ohio if a women remarries, will she still continue to receive child support?
The mother's remarriage is not relevant to a child support calculation other than to determine if her income is sufficiently high that she may be required to participate in her employer's health care plan. The step-father's income is NOT included in the mother's wages or other income as part of the child support guidelines worksheet calculation. The step-father's income will be a factor if there was an ongoing order for spousal support but it does not matter for child support purposes. The...
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