Craig M. Sams’s Answers

Craig M. Sams

Dayton Divorce / Separation Lawyer.

Contributor Level 7
  1. I'm considering filing for joint custody of my son, and was wondering how that affects potential child support. I'm not on now

    Answered almost 2 years ago.

    1. Craig M. Sams
    2. Frederick Lee Berkemer
    3. Tonya Shur VanBenschoten
    3 lawyer answers

    There are several issues in your question, namely imputed income/voluntary unemployment, and child support can vary quite a bit depending on the circumstances. In general, however, joint custody can potentially lower your child support obligation and any recalculation of the child support should include childcare costs. I would advise speaking with an attorney to review your specific circumstances; they can better analyze what the numbers will be. If you move forward, you would file both a...

    1 lawyer agreed with this answer

  2. Can I foreit my parental rights (Child support nor health insurance is not my corcern)?

    Answered almost 2 years ago.

    1. Craig M. Sams
    2. David J. McCormick
    2 lawyer answers

    Without getting into any specific concerns, unless the minor child is adopted by someone else, no court will let you sign away your parental rights.

    1 lawyer agreed with this answer

  3. Residential parenting

    Answered almost 2 years ago.

    1. Craig M. Sams
    1 lawyer answer

    It is possible. It sounds like your child is not of school age yet? Your option is to file a post-decree motion to modify the shared parenting plan currently in place. Upon that motion, a court will review your specific circumstances to determine if maintaining the current designation of residential parent for school purposes is in the child's best interests. The criminal charges aren't specifically listed in the factors considered (unless the child was in the car with her), but the court...

    1 lawyer agreed with this answer

  4. My wife has applied for disability and has been denied, therefore she can get a job...does this effect my spousal support?

    Answered over 1 year ago.

    1. Peter Stephen Kirner
    2. Craig M. Sams
    2 lawyer answers

    Talk to an attorney about an argument to the court to impute her income. This is where the court may calculate her income on her earnings potential rather than her actual earnings, or lack thereof. The key is that her unemployment/underemployment has to be voluntary. Good luck.

    1 person marked this answer as helpful

  5. I had a verbal agreement to stop alimony because she moved in with her boyfriend, 3 years later she wants me to pay it all back.

    Answered almost 2 years ago.

    1. J. Garry Rooney
    2. Craig M. Sams
    2 lawyer answers

    You need to go back to your divorce decree and look for any conditions tied to payment of spousal support. Often, there is a co-habitation provision that stops child support in the event the payee is living with another person with whom they are romantically involved. The other provision you should look for is whether the court that issued the decree retained jurisdiction over the amount and/or duration of the support order. I would suggest talking to a local family law attorney to review...

    2 lawyers agreed with this answer

  6. What are my parental rights as a non custodial parent.

    Answered 4 months ago.

    1. Craig M. Sams
    1 lawyer answer

    You need to check the temporary custody order; they typically include a provision for parenting time so you can see your kids. If, however, your mother has custody due to the court's concerns about the children's safety and well-being, you will likely be excluded until the court finds there is no threat to the children. The school can't withhold information from the non-custodial parent unless the court order specifies. If children's services is involved, this can often be the case. Check...

  7. I got married 2010 i found out my wife was not divoriced from her last 2 husbands i left her is my marriage legal i live in oh

    Answered about 1 year ago.

    1. Craig M. Sams
    1 lawyer answer

    You will be able to get the marriage annulled, but you still have to file the annulment and have it granted by the court.

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

    Answered over 1 year ago.

    1. Thomas James Kelly
    2. Craig M. Sams
    2 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Craig M. Sams
    1 lawyer 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.

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

    Answered over 1 year ago.

    1. Craig M. Sams
    1 lawyer 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...