Craig M. Sams’s Answers

Craig M. Sams

Dayton Divorce / Separation Lawyer.

Contributor Level 7
  1. Prosecutor refuses to file charges for assault from my fiancé, can I receive any legal recourse?

    Answered about 1 year ago.

    1. Craig M. Sams
    2. Christopher Lee Beck
    3. Robert Jason De Groot
    4. Raymond George Wigell
    5. David Mullen
    5 lawyer answers

    You can seek a civil protection order. Go to your local domestic relations court and they should walk you through the process. Ultimately, there will be a hearing to determine whether domestic violence occurred; you probably want to have an attorney for the hearing.

    5 lawyers agreed with this answer

  2. If my divorce case is in the trial stage, can my ex-wife and I file for a dissolution instead of going to trial?

    Answered over 2 years ago.

    1. Craig M. Sams
    2. Peter Stephen Kirner
    3. Tonya Shur VanBenschoten
    4. Jayson Lutzky
    4 lawyer answers

    You can go from a dissolution to a divorce, but not a divorce to a dissolution. If you've reached a settlement, you can put it in writing in the form of an agreed entry and read it onto the record. Once it is on the record, it becomes an order of the court. The only caveat is that if there are children involved, the court will still have to review it to make sure the settlement is still in the child(ren)'s best interest. While you don't NEED your attorneys, it is advisable. Good luck.

    Selected as best answer

  3. Shared parenting is the custody arrangement and no child support was involved so can the wife ask for it years later?

    Answered over 2 years ago.

    1. Craig M. Sams
    2. Ala M. Hamayel
    2 lawyer answers

    Yes, there is nothing to prevent her from receiving child support despite any past agreement. However, it sounds like there is a lot going on that might affect the child support calculation. I would definitely speak with an attorney to make sure the support is calculated correctly. Specifically, there may be an argument for imputing income depending on the reasons she was fired, he needs to make sure he gets credit for the health insurance, and, if he has more parenting time than the...

    Selected as best answer

  4. Wife is a pharmacist. Husband a golf course superindendant. Is it possible he won't pay child support and even get ali money?

    Answered about 1 year ago.

    1. Craig M. Sams
    2. Lee Alan Thompson
    3. Kiriakos George Kordalis
    4. Linda Juergens Lawrence
    4 lawyer answers

    Absent financial misconduct, adultery is not relevant to spousal support or division of property. The presumption in Ohio is that anything accumulated during the marriage is marital and subject to division (this also goes for any debts that were incurred during the marriage.) Retirement is fairly cut and dry - he is entitled to 1/2 of any retirement she earned during the marriage. Spousal support (alimony) varies widely from county to county, but the general rule is for a marriage > 5 years,...

    3 lawyers agreed with this answer

  5. Was it legal for this cop to do this at a traffic stop?

    Answered over 2 years ago.

    1. Craig M. Sams
    2. Nathan Douglas Wente
    3. Alan James Brinkmeier
    3 lawyer answers

    A canine search of the exterior of a vehicle is not a 4th Amendment violation as long as the amount of time that it took for the K9 unit to arrive was reasonable. Once the dog smelled the drugs, the officer had probable cause to conduct a full search of the vehicle. You probably have the right to a public defender if you can't afford a private attorney. Good luck!

    Selected as best answer

  6. What does substantial compliance mean for Ohio child support payments?

    Answered over 1 year ago.

    1. Craig M. Sams
    2. Erin Adams Armstrong
    3. Christopher Daniel Leroi
    3 lawyer answers

    Typically a person ordered to pay child support is substantially compliant if they are no more than one month behind.

    2 lawyers agreed with this answer

  7. Can the mother relocate with her child, if the father is in jail ?

    Answered about 2 years ago.

    1. Craig M. Sams
    2. Gabriel Phillip Moorman
    2 lawyer answers

    It depends on whether there is a custody order. If there is, it likely contains a clause requiring you to file a Notice of Intent to Relocate with the court.

    2 lawyers agreed with this answer

  8. Can i sign over my rights?

    Answered over 2 years ago.

    1. Brian Scott Piper
    2. Craig M. Sams
    2 lawyer answers

    Not unless there is someone who wants to adopt and assume financial responsibility for the child. You can't simply sign away your rights so you don't have to pay child support - you are responsible.

    2 lawyers agreed with this answer

  9. What is the proper amount & types of job search proof needed for divorce?

    Answered over 2 years ago.

    1. Craig M. Sams
    2. Brian Scott Piper
    2 lawyer answers

    If you are unemployed or underemployed, the court has the authority impute your income for child and/or spousal support purposes. In other words, they will treat it as if you were earning more than you actually are. There is no set formula for this and most appellate decisions will defer to the trial court's findings. The question you really should be asking is how do you show that you were involuntarily unemployed (versus voluntary termination.) If you lost your job due to market...

    2 lawyers agreed with this answer

  10. Child support question, the father of my daughter was order to pay child support, but never did pay, he recently started

    Answered over 2 years ago.

    1. Craig M. Sams
    2. Christopher Joseph Tamms
    2 lawyer answers

    Even when the child turns 18, he is still liable for any child support arrearage. You can file a motion to show cause (contempt) or contact the Child Support Enforcement Agency and get them involved. Good luck.

    2 lawyers agreed with this answer