In Ohio, can the magistrate implement Temporary Orders that exceed my financial means?

Asked 4 months ago - Lewis Center, OH

I was ordered to vacate the marital home and to continue to pay the full mortgage during the proceedings. The mortgage ($1600), rent on an apt($1000), and daycare for the kids($800),exceeded my take home pay, requiring the use of credit for living expenses.

Attorney answers (3)

  1. Elizabeth Emelia Osorio

    Contributor Level 10

    1

    Lawyer agrees

    Answered . If you are not currently represented by an attorney in your divorce proceeding, I would urge you to hire one immediately, for the exact reason you describe. Your rights need to be protected and advocated for in this context, and if the temporary orders are not sustainable for you, your attorney will be able to file and motion and request a hearing that effect. If you have an attorney currently, I encourage you to contact him or her and discuss the financial hardship immediately, and if you are not happy with the representation you are receiving, do not be afraid to seek new counsel. There is too much at stake to delay, so do not hesitate to act to protect yourself and your financial situation. Good Luck.

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  2. Peter Stephen Kirner

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Absolutely. It happens every day. You have the right to object to the courts decision. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  3. Curt Perri Bogen

    Pro

    Contributor Level 16

    Answered . It is not a good ruling, but it is a result which I have seen far too many times. Be aggressive and hire strong legal counsel. Good Luck.

    The answers to questions provided in response to the request for assistance are general in nature, and reflect... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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