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Craig M. Sams

Craig Sams’s Answers

51 total


  • I am thinking about divorce. We just bought a house 9 months ago. Do I have a chance of getting the house?

    We have been married 20 years. We have 5 kids, ages 12-18. His name is the only name on the mortgage. His grandmother gifted money for the down payment/ closing costs.

    Craig’s Answer

    In general, a gift that was only intended to benefit your husband is separate property and not subject division in a divorce. Assuming this is the case, he would be entitled to any equity (i.e. - the amount of the down payment.) If you retain the house, you would likely be responsible for paying him for that equity. If the gift from his grandmother was intended for both of you, you have equal claims to that equity; you would still need to refinance the house, transfer it you your name, and buy out your husband's portion of the equity.

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  • Can I divorce if I am currently pregnant but it is not my husbands child?

    We have been seperated not living together for two years.

    Craig’s Answer

    In general you cannot get divorced while pregnant, however, some courts will grant the divorce if (1) your husband acknowledges that it would be a physical impossibility for him to be the father and (2) the father is known. You will want to check with the local court to see if this is something they will or will not do. Good luck.

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  • What are my rights as a married mother in regards to issues with picking up kids from school if nothing is in writing yet?

    Concerned my spouse may try to pick up kids from school and take off with them. What can I do to prevent this & what are my rights?

    Craig’s Answer

    I'm not sure your question is clear. If there is a pending contested divorce, you can request a temporary order to prevent him from doing so, but you will have to provide a good reason and evidence supporting your belief that he will "take off with them." I would certainly speak with a local family law attorney about the specific facts of your situation.

    Good luck.

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

    I have a job offer in another state and my child's father recently went to jail for tax evasion and tax fraud. can i move without his consent?

    Craig’s Answer

    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.

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  • Will I have to pay child support (no paternity acknoweledgement or test)?

    II have a one year old child and I am thinking of seeking child support. I had an agreement with his father to pay 50% of daycare expenses, but with me paying the other half as well as clothing, food, diapers, health insurance and healthcare, I ca...

    Craig’s Answer

    In Ohio, child support is calculated based on a Child Support Calculation Worksheet. There is, however, a worksheet for shared parenting and one for sole residential parenting (the other party being the non-residential or non-custodial parent). Whether you would have to pay and the amount is determined by this worksheet, which takes into consideration the parent's income as well as expenses for the child, such as child care and medical expenses. Because your question is contingent on the unique facts of your case, I would strongly recommend seeking the advice of a local family law attorney. You should also note that because you were never married, this case would be heard in juvenile court, not domestic relations.

    Good luck.

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  • Someone accused my husband of molesting my daughter when she was a child what can be done.

    My daughter is in the middle of a custody battle and the babys paternal grandmother accused my husband of molesting my daughter when she was a child. this was done in an attempt to gain custody of the baby, and it is working. what are our legal...

    Craig’s Answer

    A court or CPS is granted wide discretion in protecting minor children; typically, they will use this discretion to err on the side of caution when investigating potential child abuse. Because these allegations could carry criminal charges, I would recommend speaking with an attorney who can provide you specific advice on your unique situation. If you do not have an attorney for the custody case, I would recommend retaining one for that matter as well.

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  • Is there an age that a child should have their own bed/room?

    My husbands ex sleeps in the same bed/room with her 3 year old child. His ex lives with her parents in a small house with only 3 bedrooms (one for parents, one for mother and child, one for brother). Is that appropriate epically for the custodial ...

    Craig’s Answer

    There is not a specific age at which a child must have their own bedroom.

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  • I am current with child support however i am 8,000 behind in spousal support due pension taking a year to start can this be...

    rolled back or waived? i was incarcerated also for 6 months of this time for non related incident, is there any action that get the restrictions removed?

    Craig’s Answer

    Talk to a divorce attorney. There are a couple different ways you can go, but you need to first have your decree reviewed to see if the court retained jurisdiction over the amount of child support (versus just the duration.)

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  • Is there such a things as a sex less marriage in ohio

    my husband and i never had sex the whole 6 years we were married he claimed he was impontent but i found pics that prove other wise .he left easter weekend of this year and is only giving me 200.00 a week to live on . we have no children together ...

    Craig’s Answer

    I agree that there are some specifics missing in your question, especially regarding what you believe he is attempting to avoid paying. You need to talk to an attorney. The rule of thumb for child support in Ohio is a minimum seven year marriage, but this varies from jurisdiction to jurisdiction. Just because you file for a dissolution doesn't mean spousal support is off the table. A local attorney will be able to give you an idea of whether spousal support is appropriate. Also, while you can technically file for an annulment on grounds that the marriage was never consummated, a court will likely not grant it based on the significant length of the marriage, in which case they will require a dissolution or a divorce.

    Good luck.

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

    Also, do we need our lawyers there while we fill out and submit this paperwork?

    Craig’s Answer

    • Selected as best answer

    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.

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