Roberta Sue Roberts’s Answers

Roberta Sue Roberts

Troy Divorce / Separation Lawyer.

Contributor Level 11
  1. Before we were married, I purchased a home for my spouse and I and put in $65,000. Do I get it back in a divorce?

    Answered almost 3 years ago.

    1. Roberta Sue Roberts
    2. Todd Bruce Kotler
    3. Brian Alan Sommers
    3 lawyer answers

    That’s a really loaded question. I would be curious to know whose name the house is in. You say “purchased for your spouse.” Does that mean it was put into the spouses name prior to marriage? You really need to sit down with an attorney and discuss the specifics of your case, such as the source of the funds, the concept of a distributive award, etc. “Distributive award” means any payment or payments, in real or personal property, that are payable in a lump sum or over time, in fixed amounts,...

    5 lawyers agreed with this answer

  2. Wife is buying beer & alcohl for 17 yr daugther & friends. Spenting money faster than we make it. No sex in 1 yr. Divorce y n ?

    Answered over 4 years ago.

    1. Roberta Sue Roberts
    2. Paul Michael Kocsis
    3. Christopher Joseph Tamms
    4. J. Richard Kulerski
    4 lawyer answers

    I had this issue recently in a divorce. If minors are consuming alcohol in your home, you are at risk of also being charged (see social host laws in Ohio) particularly if you know it is happening. If it were in my house, I would call the police..however, one of you will need to eventually move out, perhaps you should make the first move and get out of what sounds like an unhealthy living situation.

    Selected as best answer

  3. Do I have to pay off a credit card debt that my ex-husband assumed in the divorce decree?

    Answered almost 2 years ago.

    1. Deborah Zaccaro Hoffman
    2. Roberta Sue Roberts
    2 lawyer answers

    I would also be curious to see how it was dealt with in the divorce decree. Were the debts outlined in the decree and was he responsible for that debt? In Ohio, regardless of whose name the debt is in, if it occurred during the marriage (and despite it being only in one spouses name), it considered marital debt and should have been addressed in some way in the divorce decree.

    2 lawyers agreed with this answer

  4. What can i do when the non custodial parent doesnt keep to their visitation rights that they asked for?

    Answered almost 4 years ago.

    1. Roberta Sue Roberts
    1 lawyer answer

    If you are asking what you can do if a parent does not exercise their visitation, the answer is: not much. If they are not complying with an order (for example, not returning the child on time, etc.) that is another issue as that could be addressed in a contempt filing. If however it is a matter of the other parent not visiting, there is nothing you can do to make them make spending time with their child a priority. If you have shared parenting, it could be grounds for terminating the shared...

    3 people marked this answer as helpful

  5. What happens when both parties dont go to divorce pretrial?

    Answered almost 3 years ago.

    1. Brian Alan Sommers
    2. Roberta Sue Roberts
    3 lawyer answers

    I agree with the previous answer but would add that it is better to inform the court rather than take up the courts docket with future hearings that certainly will not be going forward.

    1 lawyer agreed with this answer

  6. Can I authorize my fiance access to my child's school records?

    Answered almost 3 years ago.

    1. Roberta Sue Roberts
    2. Todd Bruce Kotler
    2 lawyer answers

    I see no reason why the school would prohibit you authorizing another individual to access records for your child. I assume this request is in addition to the access your ex has...not that you are saying you are asking the school to limit father’s access somehow. If that is the case, then that seems to an overly intrusive response by the school.

    1 lawyer agreed with this answer

  7. What are my options and legal rights to my son if I pay child support and have always been in my son's life?

    Answered over 2 years ago.

    1. Brian Scott Piper
    2. Roberta Sue Roberts
    2 lawyer answers

    By statute, O.R.C, 3109.42 provides that an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making that designation. Thus, you will stand...

    1 person marked this answer as helpful

  8. Can a non parent seek visitations or custody

    Answered about 4 years ago.

    1. Roberta Sue Roberts
    1 lawyer answer

    Absolutely!! Juvenile Courts grant custody to non parents all the time. I represent many inidividuals who are non parents who get custody of children. The caveat is that non parents must prove parents unfit in order to get custody. Unless however, the parents simply agree.

    1 person marked this answer as helpful

  9. I was named as a defendant on my ex spouses foreclosure - joined as he owes past due child support.

    Answered over 4 years ago.

    1. Roberta Sue Roberts
    2. Mark B. Peduto
    2 lawyer answers

    Sounds reasonable. If you did not sign on the note and you were not married to him, they could not hold you responsible for the note.

    1 person marked this answer as helpful

  10. My son turned 18 in january but doesn't graduate until June. Do I get any of the support refunded after he graduates?

    Answered over 4 years ago.

    1. Paul Michael Kocsis
    2. Roberta Sue Roberts
    2 lawyer answers

    Excellent answer....I always advise my clients to contact the CSEA with the child’s graduation date and follow up with them when that date nears. It may difficult to get any money back if you over pay....keeping on the agency will help.

    1 person marked this answer as helpful

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