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Dalma Catherine Grandjean
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Dalma Grandjean’s Answers

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  • How much and how long can i get spousal support?

    I am victim of Domestic violence on a H4 visa,i have separated(took 50B) from my husband and there are months ahead for divorce Since i am not permitted to work on H4 visa wanted to know what are my H1 visa husband responsibilities in prov...

    Dalma’s Answer

    Once a divorce case is filed, you should be awarded temporary spousal support, which will last while the divorce is pending. With such a short marriage, it is not likely that you will be granted post-divorce spousal support. You should consult with an experienced divorce attorney regarding the specific facts of your case (abuse, inability to work, etc.).

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  • How long does it take for a magistrate to rule on a appeal for child'support in Montgomery CO. OHIO?

    Just went to court last month for child'support, the magistrate ruled and gave the amount for our 3 children, even though their father is now unemployed, the magistrate based it on his last known employer. The paperwork was filed in April 2014 so ...

    Dalma’s Answer

    • Selected as best answer

    If the Magistrate issued the ruling on child support, then it sounds like the father has filed objections to the Magistrate's Report and Recommendations. These are ruled on by the judge, who can decide to reverse them, modify them, or order a new hearing. There is no deadline for the judge to rule, but one or two months would be normal.

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  • Is it okay for the other parent to have their significant other called daddy by the child?

    My husband recently found a picture on his exs Facebook of his exs boyfriend and it states "the shirt says it all....(child's name) father's day gift to her daddy (boyfriends name)....left names out for confidentiality. The shirt says "best dadd...

    Dalma’s Answer

    If there is ever a contested parenting proceeding, this Facebook posting could be used as evidence of your husband's ex undermining of his relationship with his child. Having a child call a significant other "daddy" shows poor judgment on the part of the parent who allows it. Posting it on Facebook makes her look even worse.

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  • Can my ex (never married) get custody?

    He hasn't seen or spoken to my kids in over 3 years he hasn't paid child support doesn't work and lives over 200 miles away. He was on drugs when I left him, and it also came down to him leaving me with a black eye I have pictures but didn't file...

    Dalma’s Answer

    Based on the facts that you have recounted, it is very unlikely that a court would grant custody to the father of your children. This is particularly true if you have been the primary caretaker for the children since birth and if you are a responsible loving mother to them. If your ex has never been legally determined to be the father of the each child, then you are the only person who has custodial rights and he does not even have visitation rights. I suspect that he is only trying to scare you by threatening to take you to court. Since he has never paid you child support, then a court would most likely issue a child support order and might even require him to pay retroactively to each child's birth. He could even be required to pay any uninsured birthing expenses you incurred. If the children are on Medicaid or any other public benefits, the state might go after him as well.

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  • Grandparents rights

    I need to know what my rights are when it comes to seeing my grandchildren

    Dalma’s Answer

    I recommend that you schedule a consultation with a local attorney who practices family law. There are many factors which must be considered in a situation like yours, including whether the parents are married to each other, divorcing or divorced. If they were never married to each other, we need to know whether paternity was established in accordance with law. Your attorney will also need to know the details of your relationship with your grandchildren and the reasons you are being denied visitation. You should gather all of the court papers related to the custody of the children and bring them with you to your first appointment. Best of luck to you!

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  • Ed/ property division from military divorce, He is oweing back alimony and pensions to me plus distribution award seeking to

    Marriage was in OHIO. divorce in NC. home of record is ohio and garnishment forms to pay me directly is in OHIO his employer. he is working still under us army civilian he is over past retirement eligible. I served and worked for military unde...

    Dalma’s Answer

    There is a lot more information needed. Did your divorce decree incorporate a military pension division order? Was the decree and/or the military pension division order submitted to DFAS with a DD Form 2293? Were you and your ex-husband married to each other for at least ten years during his creditable military service? Has DFAS ruled on your application? An Ohio attorney like myself can review the portion of your decree that gives you a share of your ex-husband's military pension and determine whether or not the requirements are met for DFAS to pay your share directly. If not, you may need to go back to the court in North Carolina to seek a clarifying order and, perhaps, pursue a contempt action. Since you are not in Ohio, you may want an Ohio attorney to review your situation to see if you can enforce the alimony obligation in Ohio under the Uniform Interstate Family Support Act..

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  • Is it legal for me to pay paying child support while still married and living together?

    My wife went on a trip to Ohio from Washington in Dec 2009. She never came back. She took my daughter with her. She said she wanted a separation. I was totally blindsided. I missed my wife and daugther. I continued to support my daughter and her b...

    Dalma’s Answer

    You should not have to pay child support if your are living with your daughter and providing in-kind support for her (house, food, clothing, etc.) I would want to see the child support order that initiated your child support and would recommend that your file to terminate it so long as you are living in the same household as your daughter.
    You should contact an attorney about filing for divorce. You will be able to request a DNA test to prove that you are not the father of the second child unless you wife admits that another man is the father. If you obtain custody of your daughter, then your wife might be required to pay child support to you depending on her income-earning ability.

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  • Child Custody

    My husband and I want to seek custody of his biological daughter but her mother has moved to georgia He has not seen his child in several years but has been financially supporting. What are his rights as her father as far as visitation/custody? I...

    Dalma’s Answer

    Whether or not your husband can file in Ohio depends on whether an Ohio court has issued any orders involving parenting issues. If your husband has been paying child support in accordance with an Ohio court or administrative order, then Ohio should have jurisdiction to accept your husband's custody case. Since the mother has moved to Georgia, it is important that you file promptly in Ohio before she files in Georgia and before Georgia becomes your child's home state. This could be a complicated issue and I recommend that you consult with an attorney as to your rights and the options available to you

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  • I got married on september 4 2010 by sept.15 i went to legal aid to apply for a annulment he abandon us 2 years ago canyou help

    i want to move on if we go in front of a judge he will tell them we will get help he had three kids and they send me papers about child support what to do. i need help fast please.

    Dalma’s Answer

    You should contact the Greater Dayton-Volunteer Lawyers Project by calling 222-7902. If you qualify for free legal representation, they will connect you with a lawyer who can advise you as to whether you should file for a divorce or annulment. Your lawyer can also discuss with you whether you have any liability for child support and can explain to you what the "papers" you received mean. Good luck to you!

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  • Can I kick my husband out of our house if I caught him cheating on me?

    My husband and I have been married for 11 years. We have 3 young kids. He has been cheating online and by mail with a woman in Utah. He has no income and he's a full time college student. I bring in the only income, but he refuses to come to couns...

    Dalma’s Answer

    You can ask him to leave, but he does not have to unless there he becomes violent or threatens you in some way. In that event, you can go down to the Montgomery County Domestic Relations Court and file for a civil protection order. There is not filing fee and a domestic violence advocate will assist you.

    If he will not leave and he has not engaged in any conduct that is defined by law as domestic violence, you can talk to him about counseling, a dissolution or you may proceed with filing for divorce. Again, if he does not engage in actual or threatened violence or abuse, he will have the right to remain in the home until the divorce is final or until the term of the lease has expired.

    You have many matters to discuss with an attorney and I recommend you do so if you think your marriage is likely to end in divorce or dissolution so that you can make some sound decisions about your and your children's well-being.

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