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Loretta Marie Helfrich
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Loretta Helfrich’s Answers

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  • Do I have to wait until my husband retires if I want to receive part of his military pension?

    While I wait for his retirement, can I get spousal support? If not, what is the best way? Giving up the military pension and get the spousal support?

    Loretta’s Answer

    Please seek a consultation with an attorney promptly. In a divorce, retirement and spousal support are two different matters. Please seek a consultation and be sure you completely understand what you are doing before waiving any rights to a retirement account or giving up any potential rights to support.

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  • My son and his ex have 2 boys she won't let him them she has grabbed the baby by his arm and drug him across playpen does he hav

    Children service was involved with 1st child cause she had no interest in baby

    Loretta’s Answer

    Your son needs to seek a consultation with an attorney in his county. He will need to discuss/pursue a Petition for custody/visitation (assuming the parties were never married). Until he seeks a court order on parenting time he has no rights to such time. I do strongly suggest that he seek counsel as this sounds as if it could get very ugly, especially with children's services already involved.

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  • Can my son dad take him away from me?

    My son dad will not give him back to me until I find a stable place of my own to stay. I was living with a man who I thought was something real, later found out he was a fake, a cin artist and the world's largest liar. I moved out to my sister hou...

    Loretta’s Answer

    • Selected as best answer

    I suggest you consult with an attorney promptly. It sounds as if Father has never been awarded any parenting time. If not, he has not current rights to keep the child from you. Having said that, if an action is initiated with the court, they will look to see what the current situation is and has been. That is they will look to see where the child has been staying, etc. Many times a parent may not be "stable" but that does not equate to no contact with child. Please seek a consultation with a local attorney promptly.

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  • When my husband and I go for dissolution, what do we do with life insurance and Roth IRA?

    My husband wants to divorce, and go for dissolution. We both have separate Roth IRA and life insurance. He has more money on IRA and life insurance. Do I get to have some of his? Or we do not touch these money since these are not joint?

    Loretta’s Answer

    An ira and a cash value of a life insurance policy are both assets. Assets get divided in the manner the parties agree or by court order. When dealing with Life Insurance, the important factor is the cash value of the policy. Thus is it is a term policy, there is no asset to divide. The cash value can be offset against other assets such as a checking account, auto, etc. The IRA can also be divided in the manner the parties agree. If the parties agree that in the division of the assets an amount needs to be paid out of an IRA to the other party, there are specific forms and regulations for doing so to avoid penalties and early withdraw fees.

    I do suggest that as you go through this you do seek a consultation with counsel to review your debts and assets and how you want to divide them. A consultation is usually an hour meeting and can provide good information and guidance to be sure that all matters are properly addressed.

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  • Father(17)of my grandson trying 2 make my daughter (16)move back 2 Fl from Ohio was wondering if he could do that? Through court

    Me & my wife r getting divorced so I had 2 move back to Ohio & my daughter(16) & grandson(4 months) moved with me, father of grandson knew we were moving 2 days n advanced he even walked 4 miles 2 pick up uhaul with me, he helped my daughter pack ...

    Loretta’s Answer

    A court cannot require a parent to move. The court can determine where the child should live. Your daughter needs to seek an attorney to represent her in this matter. This should be done sooner rather than later.

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  • If a father takes a mother to court for custody is it better to go for shared parenting or full?

    child says they do not want to go home. Child has been reported in dangerous situations while in mothers care. Has had burns and bruises multiple times and says not bathed or fed.

    Loretta’s Answer

    Attorney Dameron -Frazier is correct in her answer. You should seek an immediate consultation with counsel. You should be prepared to discuss not only the current situation but any child services involvement. If no report has been made to children's services, then you may want to consider doing so. As for shared parenting versus residential parent, it depends on your circumstance and the parenting time. Here if there is a serious issue with Mother, then shared parenting may not be the answer. Please do seek a consultation with counsel promptly.

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  • Can I gain sole custody of my daughter?

    It is written into our divorce he does not pay child support (I was hoping he'd use that money to come see her) and has not seen her in 10 years. No phone call in 6 years. I'd like to have sole custody so in the future someone can adopt her.

    Loretta’s Answer

    I am not certain of your question. If you currently have a shared parenting arrangement, then you can file a Motion to Modify or Terminate the plan. If you mean can you terminate his rights completely, then no you cannot. Whether you have a shared parenting plan or if you are the residential (custodial) parent and he is the non-residential parent, you have to go through the same adoption procedure.

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  • The QDRO have had my papers for two weeks, when can I expect my check from my ex 401k?

    We had a disoulation divorce

    Loretta’s Answer

    I am assuming you mean the plan administrator has the QDRO. It can take a couple of months for the plan administrator to review and approve the QDRO. As counsel herein stated, you should place a call and confirm they have the QDRO and ask about the time frame.

    Having said that, usually a check is not issued from a 401k. Rather it is a division of the one account into two accounts. you then have some options for withdrawing funds but all are subject to tax and some may be subject to penalties.

    If you have counsel, please talk with them about these issues. If you do not have counsel, then you may want to seek a consultation a with counsel to review this matter and be sure you know what is going to happen with the 401(k)

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  • I am currently 8 months pregnant. Myself and my child's father are engaged. How do I prevent him from paying child support?

    I live in Warren, Ohio. I currently recieve cash assistance from welfare. Any ways I can prevent him from paying child support? We also live together and are enaged to be married, just were don't want to get married right away.

    Loretta’s Answer

    Since you receive government assistance, reimbursement may be sought. As for an actual child support order paid to you-no such order will go into place until and unless you file a Motion for support through the courts.

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  • Does my son have to pay?

    Our Daughter-in-law dose not work but our son does. Her ex-husband wants their child and wants my son to pay him child support for their child. Will my son have to pay child support to his wife's ex?

    Loretta’s Answer

    Child support is the responsibility of the parents, Father and Mother. The court in calculating child support will look at the earnings of the parents only. The court may impute minimum income to Mother if she is not working. So if Father is successful in obtaining custody and an order for child support is put in place, it will need to be paid. Since your son is the only source of household income he will probably see that the order is paid.

    The focus here should be on the custody issue rather than worrying about what will happen when and if Father obtains custody. Before making any assumptions that will happen, your daughter in law should seek counsel to represent her in any custody action.

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