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Craig M. Sams

Craig Sams’s Answers

51 total


  • Child support not paid

    Child support was ordered at 50.00 a month because the father whom is working under the table lied and said he was not. He made one payment of 50..00. He was supposed to be ordered to complete the seek work program and that still has not happened?...

    Craig’s Answer

    You can file for contempt on the child support order as well as the seek work order. I would recommend hiring an attorney to help. Good luck.

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

    My mother has temp.custody of my three children.during the 2 1/2 years she has had them she wont let me see or talk to them.she has been brainwashing my kids beating on them and just right out wont let me see them.i have a final.court date in june...

    Craig’s 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 the order. Ask the court if you qualify for a court-appointed attorney if you can't afford a private attorney. Good luck.

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  • Do special occasions take priority over the regular visitation schedule? And how do I follow through if he is in contempt?

    My ex and I struggle with the visitation schedule. Court order is standard orders, but we verbally agree for him to have the kids Friday at 5pm to Sat. 5pm every weekend instead of every other. He almost always brings them home early and has never...

    Craig’s Answer

    You need to have an attorney review the current order. You are welcome to agree to parenting time outside of what is ordered, but in the event of a dispute, the only parenting time the court will enforce is what is spelled out in the existing order. There may also be a provision dealing with parenting time on the child's birthday, or it may be in the standard order of parenting time. Typically, holidays will take priority over regular parenting time.

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

    He wants divorce. No infidelity involved that we know. Question is, because of his lack of ambition, is she going to be penalized for life. He wants 1/2 of her retirement. She carries health insurance? He wants 1/2 of everything and hasn't reall...

    Craig’s Answer

    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, it is on the table. Child support is determined by the custody arrangement. The Wife needs to retain an attorney as soon as possible!

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  • Prosecutor refuses to file charges for assault from my fiancé, can I receive any legal recourse?

    Assault results, finger broken, leg cut open 6", suffocated while asleep in bed, muscle strain and contusions.

    Craig’s Answer

    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.

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  • No contact and restraining order against my sons father

    I live in ohio and I allowed my son to go visit his dad in Arizona for christmas My son is 16 his father and I were never married and his father wasn't in his life for 12 1/2 yrs. Now that he has another family he wants to take my son from me. I ...

    Craig’s Answer

    This depends on whether you have an existing order. If there is no court ordered custody or parenting time, you have legal custody by default and don't need to take any action. If, however, paternity has been established and there is a custody/parenting time order in place, you may want to seek a restraining order to prevent removal of your son from the state. Contact a local family law attorney who has experience in juvenile court. Good luck.

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  • My ex-husband is in contempt of court for property turned over to me and spousal support, Franklin county Ohio.

    Divorce decree states car goes to myself and he was suppose to pay off the balance according to car loan in Nov. 2013, spousal support was figured to be $460 per month for 15 yrs which was to start directly to me after the car is paid off (Nov. 2...

    Craig’s Answer

    If the car was paid off in November, the lien may not be released yet. The time is takes to release the lien often depends on how quickly the bank or finance company gets it file. You may want to do some more digging before you file a contempt. If, however, the car has not been paid off as ordered, your course of action would be a motion to show cause (otherwise known as 'contempt') - the court that issued your divorce still have jurisdiction to enforce its prior orders. You will, however, have to properly serve him before they can take any action. I would recommend double-checking the status of the car loan and then asking your attorney to file the show cause. Good luck.

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  • What does substantial compliance mean for Ohio child support payments?

    My divorce decree states that the father shall only be entitled to claim the child in any year for as long as he is in substantial compliance with the child support order in the year that he seeks to claim the child as a dependent. Does this me...

    Craig’s Answer

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

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  • Can my ex wife take the kids to alaska to live if i am the primary residential parent. We live in Ohio

    My ex wife says that she is moving to Alaska and she is going to take the kids with her. I am the primary residential parent and do not wish to let the kids go with her. She wants me to have them for 3 month and her 9 months in Alaska. what is my ...

    Craig’s Answer

    You need to take your decree to a local divorce attorney to have it reviewed. There is likely a provision that requires either party to provide prior notice of a change of address. If you have custody, she cannot relocate without permission from the court.

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  • 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

    please give me advise

    Craig’s 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.

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