Robert Leighton Mues's Answers

Ohio Child Support calculation

The answer to your question is "yes". Guideline child support in Ohio is driven based on gross income of both parties. Other expenses you have now generally won't affect the support calculation. The rationale of this is that the child support obligation take priority over all other financial obligations. I don't know how many years it has been since your support had been modified or other factors which could influence the adjustment process favorably for you. You should review this with a...

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Are law offices paperwork driven?

By reading your question, I am suspecting that you are in the early stages of a divorce and the that the opposing attorney filed a request for a Rule 75 Oral Hearing believing that the amount ordered to be paid you for temporary spousal support was too high. Opposing counsel is required by court rule to serve your attorney with a copy of that motion which has a notice indicating the hearing date. Unfortunately, on rare occassion that paperwork doesn't arrive or arrives late for a variety of...

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Is my spouse entitled to half of my 401k funds where the account is closed but the money is on hold in ohio

Generally, if I understand your question, the answer would be "yes". By moving it from a 401(K) does not change it's character from a marital to separate property. I am not sure what you mean by "money on hold "... This answer is provided for general informational purposes ONLY. It is not intended as legal advice. Evaluating the law, court documents and a more detailed factual analysis might well result in a differing opinion. No attorney/client relationship is being created by my response...

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How do i put all my afairs in a freinds hands before somethinghappens to me?

There are several important estate planning documents which you should complete. The first is a durable power of attorney in which you appoint another person to have authority to take care of all your financial matters if you are alive but become unable to attend to those matters. Secondly, you should have a Last Will and Testament prepared in which you indicate what people should recieve your probate assets upon your death. In the will you can also name a guardian for any minor children....

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Will I have the right to take my son out of state?

Your son will not have to testify in Court. The outcome in relocation cases very considerably based on the Judge and are very fact sensative. Anne Shale in my office wrote an artice for our Ohio Family Law Blog not too long ago. Here is a link to it: http://www.hcmmlaw.com/blog/2008/01/21/relocation-issues/ You will want to follow the advise of your lawyer. Do not try to litigate a contested relocation case without a good family law attorney at your side.

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Can my daughter who will be 17 in Dec in the state of Ohio chose which parent she wants to live with?

Actually, I just posted a blog artice on the Ohio Family Law Blog on October 8, 2011, about that specific question! Here is the link to the post: http://dld.bz/atAUD Hope it helps... You several options:1) file a motion for sole custody; 2) file a motion to modify the Shared Parenting Plan and/or file a motion for mediation. Assuming that your daughter is supportive of primarily residing with you, that the likilihood is good that you may be successful. This answer is provided for general...

I was recently sent notice of a probation violation hearing for failing my interlock device. what do i do?

Yes, you had better have an excellent criminal lawyer with you especially if you are in the Kettering Municipal Court. The Judge will not be pleased with your disregard of the order that you not consume alcohol. You risk a revocation of your probation and the imposition of jail. A lawyer can much more effectively advocate your position to keep you on probation. This answer is provided for general informational purposes ONLY. It is not intended as legal advice. Evaluating the law, court...

Why does the military let BAQ entitlement counted as pay in divorce court

The Ohio child support guidelines are based upon by the "gross income" of both parents. If a parent receives free housing, or say a free car thru business, their income is increased by the value of that perk. Those folks in essence have a benefit equivelent to more income that may be invisible for tax purposes. So, the legislature wanted to even the playing field and treat all fairly by adding in these perks into the support calculations. Hopefully, this helps you understand this situation...

Statue of Limitations on Probation violation

Excellent answer by Attorney Ronald S. Pichlik! I agree 100% with his suggestions!

What do I need to do in court when my ex husband is trying to get custody of our children?

Relocation issues are very fact sensitive. Your future is dependent in great part upon the court permitting your relocation to Germany with your children. I would suggest that you read an article published on the Ohio Family Law Blog located at http://www.hcmmlaw.com/blog/2008/01/21/relocation-issues/ Courts in our area are generally very supportive of military families. But you would be well advised to find an experienced family law attorney to represent you in this matter. There is no...