Monte Kenneth Snyder's Answers

I'm 22 and I need to divorce my biological mother, how do I do that in Ohio?

An unusual question. Children cannot "divorce" their parents, as they are not married. Per your question, your only problem is qualifying for student aid. You are legally an adult, so the only thing that should complicate student aid, provided your are a U.S. citizen or legal resident, would be if your mother or someone else is claiming you as a dependent on their income tax returns. Consult your financial aid office at your school as to what the problem is.

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How hard is it to change a child custody order?

Your ex/father of the children may file a motion with the court & submit a shared parenting plan for approval. It does not mean it will be granted if you do not agree. RC 3109.04 controls custody determinations, & they are very complex matters where there is disagreement. He must demonstrate a change has occurred in the circumstances of the child or the child's residential parent & that modification is necessary to serve the best interest of the child, based on facts that have arisen since the...

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Am I entitled to alomony?

Alimony, or spousal support, may be awarded by the court following the division/distribution of marital property. It is authorized by Ohio statute, the criteria to be considered by the court in determining whether & in what amount are also statutory. Spousal support is also affected by the county domestic relations court having jurisdiction, and even the individual judge, since much discretion is allowed by statute to the judge in determining a contested spousal support issue. In my opinion,...

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How does ohio split a house in divorce or dissolution?

In addition to the excellent answer by Mr. Kirner, you also have to determine whether any of her or your share of the house is separate property. Under Ohio law, if a party can trace any contribution to the home equity from non-marital property, e.g. perhaps an inheritance, or money one reinvested directly from another asset after it was sold, then that party is entitled to claim that contribution off the top of any equity. I'd advise retaining an attorney in any divorce. Do not attempt it...

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Can a spouse be forced to support household and not live there while the other is looking for employment?

You have a difficult situation. Whether a divorce is appropriate depends upon your feelings toward your husband; whether his mental condition is organic - that is some mental condition/impairment; & whether he is abusive to you and/or the children. Your children should be looking for work too, since they are living at home. They can help out with the bills. What are your employment skills? Take stock of what you may be able to do, as you will undoubtedly have to support yourself due to his...

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Is spousal support paid directly to obligee an acceptable practice?

Yes, direct payment to the obligee is one way to satisfy the spousal support obligation. One can also utilize the services of the CSEA in Ohio to transfer & keep a record of payments made. However, the language used in your example is deficient as to the method of payment [check, money order etc.] required under RC 3121.441. Suggested language may be along the lines below: The parties agree that the [name of obligor-spouse] shall pay the spousal support order as set forth herein directly to...

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My eldest son (57) and his wife (57) moved into my home without permission. I want to sale my home, they say not moving

Your description indicates that you may have a tenancy at sufferance. If this is the case, you need not serve your son with a notice to quit the premises, as he does not have a lease to begin with. However, you do need to initiate an ejectment by the statutory forcible entry & detainer process, that is, an eviction. I recommend that you seek a legal consultation to determine the best procedure for your circumstances.

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How do i go about getting a cheat divorce,with party being out of state?

Your brief description would seem to indicate that getting the marriage terminated would not be the problem. A Dissolution would be the quickest and cheapest, however, your husband must co-petition the court with you, & appear at the final hearing. His Fla. location may make that difficult. Most people get what is called a non-contested divorce. You would file for the divorce & serve him out of state. This requires some reasonable level of communication still exists with him, as you will need...

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I'm not married and have two children.buying a home jointly with my girlfriend in columbus ohio.

The answer to some of your questions is a potential yes. Ouch! If your asking these questions now, I'd seriously reconsider your decision to buy the house, or live with her for that matter. Your entire relationship needs to be reexamined.

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Do i need an attorney to make wills ?

The short answer is no, but why would you want to? In Ohio, you may legally represent yourself, but you then have a fool for a client, as Abraham Lincoln so aptly said. The will may not be validly drafted to Ohio's requirements. Even if it is, there is a high risk that it will not accomplish what you intended it to, due to inept drafting. You've worked hard for your belongings, & may have kids you want cared for etc. You risk all this with a homemade will. Forms are great as a guide, but they...

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