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John Michael Drain Jr.
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John Drain’s Answers

261 total


  • Need help with child support

    I just had my fifth child and had a hearing where child support was established for the last 2. The hearing administrator ordered $917 off his 37,000yr income (for 2 kids) My ex has objected and now we go before the judge simply because he doesn't...

    John’s Answer

    child support is determined by child support guidelines enacted into law by the Ohio legislature. The judge or magistrate will consult the child support guidelines to determine the proper amount of child support for your children. The computation will be determined by the total of his income and your income. It is possible to deviate down from the guidelines, but your ex will have to have a good reason to do so. You can bring your bills and expenses, but it sounds as though the child support guidelines will dictate the amount he is ordered to pay. In all events, do show up for the hearing.

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  • What do you do when a lease runs out on a business and the people refuse to sign a new one.

    I sold a business 2 years ago and the people that bought it wanted to buy the building in 2 years so I rented the building and property to them for 2 years. now that time is up and they can't buy it. I have to sell, I can't work because I take car...

    John’s Answer

    Once the two-year lease ran out and they refuse to sign a new lease, they revert to a month-to-month tenancy if they are still in possession of the property. This means that their tenancy lasts for one month at a time. Either you or your lawyer could send them monthly invoices for rent which would hold up in court. If the case went to court and you tried to collect on the back rent, the judge or magistrate would be interested in knowing whether they continued in possession after the lease was up and whether they paid you any rent. If the rental invoices were reasonable in amount, which still could be higher than the lease rental, the judge or magistrate should give you judgment for the rent arrearage. I understand that you don't want to evict them, but as a landlord you have a duty to advise them of the stated rental, and if you don't send them invoices putting them on notice as to what you are charging for rent, then you will have a difficult time later on in court if you have to sue them for the back rents.

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  • I have cancer and my employer is trying to fight my STD case, saying lots of cancer patients work. How should I fight this?

    After surgery, chemo and rads, I am on monthly IV Zomeda which causes incapacitating bone, muscle and nerve pain head to toe. I can think, sleep, walk, type, or use the bathroom without aid. I feel like I am being bullied. What should be my str...

    John’s Answer

    First of all, you have a disability. Your disability is affecting a major life activity, namely working. An attorney experienced in these matters could guide you through the Social Security disability process or advise you to file a discrimination claim with the OHio Civil Rights Commission or the Equal Employment Opportunity Commission on the ground that you are being discriminated against because of your disability. If you have long term disability insurance available to you through your employer, an attorney could counsel you on that if you are being denied LTD.

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  • Newspaper delivered in my name for several months ~ I did not order it.....

    I have a friend living with me who lost her home recently and apparently she had ordered the local paper ($30) a month in my NAME, my maiden name at that. However, when I am not home during the day she is there to get the mail, so for the past se...

    John’s Answer

    the real question is whether she used your name for any other transaction. While what she did is reprehensible, it is unnlikely that you would convince a local prosecutor to prosecute her for mail fraud and/or identity theft unless there were other transactions that, taken together, constitute a substantial and serious crime. If what she did is isolated to the newspaper account and she does not pay the $33, it could be a ding on your credit record. You may have to wind up paying it if you want to protect your credit. Unfortunately, as you are well aware, you will probably never get the money back from her.

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  • What court has juristion?

    i have had custody for the past 4 years , now my ex-wife has filed fofr custody, she filed where she lives . i live in another county, what court has juristion over this, where she files or where me and my children live

    John’s Answer

    the court that issued the custody order has jurisdiction. Any action to transfer custody to the county where you live would have to be initiated in that county. As for her filing in another state, it is unlikely that the out of state court would rule on a change of custody if the children do not reside in that state.

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  • Collections and seizing property

    Out of necessity, I had to purchase a vehicle to take my elderly mom to doctor visits and such. My mom has no credit (always paid cash) so we had to put the car in my name. I'm unemployed and in collections from a previous loan, so I was amazed t...

    John’s Answer

    If the payments on the car that you use to take your mom to the doctor are being paid currently and out of her account, then the collection agency cannot scoop up the car. Before any creditor could do anything with the car, they would have to go to court and get a judgment against you first. Then, once they got a judgment they could try to attach wages (at this point you have none), attach bank accounts, or try to levy on any assets such as an automobile. So you see there would have to be judicial process before a creditor could take any action against the car, and even then you would have rights with respect to the car to avoid the creditor's levy against the car. So the question you have to ask yourself is, how likely is it that in the next few months (because the judicial process would take a few months) the collection agency is going to sue you to get a judgment on the loan that you owe?

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  • Is legal action needed?

    My car was recently vandalized at my place of employment. Is the building owner liable for anything since it is a private parking lot?

    John’s Answer

    There are many possible answers to your question. There may be a bailment contract between you and the building owner, or you and the employer. In a bailment situation, the bailee is required to exercise ordinary care to prevent harm to the property. For example, if you put your car in a paid parking lot, this is a bailment; however, on the ticket they give you they usually limit their liability. So this raises another question, did the building owner or the employer put up any signs or issue anything in writing to limit liability? If so, your remedy may be limited by such writing. Another question, is parking in the lot a term of your employment that is required by the employer? If so, then this is not a bailment, but a contract between you and your employer whereby the employer agrees to provide parking space to you in return for your working there. Do you pay the building owner or the employer to park there? Finally, if all these questions turn out to go against you, and I am not saying they will, check your own insurance policy to see what coverage you have.

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  • My record was to be sealed one year from the date of court and it wasn't, what do I do?

    I was charged with M4 domestic violence and had a pre trial differment. stay away from her for one year, attend 3 anger classes and pay $48.00 court cost and one year from that day my record would be dismissed. 13 years later it still shows up, wh...

    John’s Answer

    I can't tell from your question exactly what happened in the court proceeding, whether you were allowed into a diversion program and the case was to be dismissed one year later; or if you pled guilty to domestic violence and were told that the case could be sealed one year later if you committed no other crimes during that year. My understanding is that a domestic violence case cannot be sealed, so you should check with your attorney to see exactly how your case was disposed of. If you were to be eligible to have your case sealed, it is not automatic, you have to apply to the court to have your case sealed.

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  • Child support order from cuyahoga county,ohio

    I would like to move to georgia and Im on probation and paid 10,000 already back Only owe 10,000 back child support If I moved without permission and filed down there would there be a problem of them coming to get me or do they just transfer the...

    John’s Answer

    Sounds as though your probation is keeping you in Ohio, not the court that issued the child support order. If you were not on probation, you could move wherever you wanted to, and no court could restrain you because you have a constitutional right to travel. Again, your probation may be the only thing keeping you in Ohio. If you move to Georgia, with or without permission of the probation department, you won't be able to transfer the support order to Georgia unless the child were to also move to Georgia and you got a custody order from Georgia after living there six months. The support order stays in Ohio and you are required to pay support through Ohio from wherever you are living.

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  • Payable on Death to a Non-Profit Charity

    Suppose somebody names a non-profit charity as Payable on Death on a bank account and that charity no longer exists at the time of the deceased's death. Suppose the charity is no longer in existance due to lack of funds to keep it running. What ...

    John’s Answer

    There are statutes in Ohio, beginning at R.C. 5804.05 that allow the probate court to modify the terms of a charitable trust to effect the donor's intention, even though through circumstances, such as the charity going out of exisitence, the money cannot be given to the named charity. What I am suggesting is that the jurisdiction of the probate court can be invoked in your case to ask the court to modify the beneficiary in order to accomplish the donor's intention. While a POD account is not a trust, the account was owned by the decedent at his death, so the probate court could be asked, by means of a declaratory judgment action, to whom the proceeds should be given, just as that court does in the case of a charitable trust where the beneficiary no longer is in existence.

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