Brian Alan Sommers’s Answers

Brian Alan Sommers

Dayton Divorce / Separation Lawyer.

Contributor Level 11
  1. I was divorced is 2005 was able too claim one child out of five as dependant begining tax yr 2006 and there after. in 2009

    Answered over 2 years ago.

    1. Brian Alan Sommers
    2. E. Martin Davidoff
    3. Christopher Michael Larson
    3 lawyer answers

    Well, let me give you a divorce lawyer's perspective. You may file a motion to show cause my your ex spouse should not be held in contempt for violating the decree. I believe your divorce decree controls how your children should be claimed as tax exemptions not tax law. Moreover, the Divorce Court retains jurisdiction to enforce its order. I suggest that you speak to an experienced lawyer who practices in the court that granted your divorce.

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  2. For the past four years, my husband has filed joint tax returns, and never gave me a dime. Can I sue for my portion?

    Answered over 2 years ago.

    1. Brian Alan Sommers
    2. Christopher Michael Larson
    3. Henry Daniel Lively
    3 lawyer answers

    Not In civil court. However, you may file for divorce then in that case the refund becomes a marital asset that can be divide by the court.

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  3. I like my divorce attny but I think she is not aggressive enough

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Eric Schutzbank
    3. Brian Alan Sommers
    4. Todd Allen Davidson
    4 lawyer answers

    I agree with the previous post. I suggest that you speak with your lawyer to understand her case approach. Set some objective goals such as discovery items. Look at the lawyer reviews here. Remember, you hired the lawyer and you can fire the lawyer if you are dissatisfied. Best of luck

    10 lawyers agreed with this answer

  4. Can ex husband sue for portion of money he gave me while we were still married from our joint income tax return?

    Answered over 2 years ago.

    1. Brian Alan Sommers
    2. Mark S. Katz
    3. Steven Anderson Leahy
    3 lawyer answers

    Depends. You need to review your final decree and judgment of divorce. The issue may have been merged into the final decree and judgment of divorce. I suggest that you speak to an experienced lawyer.

    7 lawyers agreed with this answer

  5. Can I claim my son on this year's taxes?

    Answered almost 2 years ago.

    1. Brian Alan Sommers
    2. Thomas Hershal West
    3. Donald Wilson Roberts
    4. Evan A Nielsen
    5. Christopher Michael Larson
    5 lawyer answers

    You need to review the court order(s) dealing with the tax exemptions. Typically, if the obligor (the person who pays support, in your case father) is more than one month behind in support, then in that case, the obligee (the person who receives support) is allowed to claim the child. I suggest that you have an experienced family law attorney review your court order. Further, he or she will also be able to discuss with you a possible motion to show cause to hold the obligor in contempt for...

    6 lawyers agreed with this answer

  6. Can I apply restraining order to again my wife showing up not telling me in my working to cause argument because divorcing?

    Answered over 2 years ago.

    1. Brian Alan Sommers
    2. Cathy Rose Cook
    3. Todd Bruce Kotler
    3 lawyer answers

    I am assuming that you have an open divorce case. If that is the case, you need to read the papers that were originally filed in the divorce case. Typically, the court will issue a restraining order to prevent this type of behavior if requested. If there is no case pending, I suggest that you retain an experience divorce attorney. Your attorney will be able explain the restraining order to you and file the correct motions with the court. Best of luck

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  7. Can I use a newspaper ad to notify my spouse of divorce as opposed to them being served?

    Answered about 2 years ago.

    1. Brian Alan Sommers
    2. Brian Scott Piper
    2 lawyer answers

    The short answer is no. If you know his whereabouts, you serve him and provide him notice. I suggest that you speak to and retain an experience attorney.

    5 lawyers agreed with this answer

  8. My husband and I are married and jointly are buying a car. If we separate how can i keep him from taking the car?

    Answered over 2 years ago.

    1. Brian Alan Sommers
    2. Joseph T Ostrowski
    3. Todd Bruce Kotler
    3 lawyer answers

    Your car is considered marital property if it was purchased during your marriage. Both you and your spouse have an equal interest in the car. However, if you file for divorce, your lawyer can ask the court to grant you exclusive use of the car during the case. Typically, the spouse that retains the property (in your case the car) is also financially responsible to make payments. If the car loan is joint (in both of your names), the court will sometime require you to refinance the loan. I...

    5 lawyers agreed with this answer

  9. Can I reopen a divorce case that was dismissed in 2007?

    Answered over 2 years ago.

    1. J. Richard Kulerski
    2. Brian Alan Sommers
    3. John Addison Vos
    3 lawyer answers

    You need to refile the case since the case was dismissed. I suggest that you hire an experienced attorney as well. Your lawyer will be able to evaluate your matter and advise you accordingly. Start your search here.

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  10. My husband disappeared almost ten years ago. How do I get a divorce?

    Answered over 2 years ago.

    1. Brian Alan Sommers
    2. Peter Stephen Kirner
    3. Todd Bruce Kotler
    3 lawyer answers

    Actually, you have a rather straight forward issue that an experienced attorney can handle. Your main issue is how to you perfect summons of service (notice to you husband) on a complaint for divorce. The Ohio Civil Rules of Procedure has a specific rule that you must follow. Further, your county's court may have an additional local rule as well. I suggest that you review each very carefully. Further, I suggest that you retain a local attorney who has experience with divorce matters. Your...

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937-853-5555