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Loretta Marie Helfrich
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Loretta Helfrich’s Answers

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  • Child support if there's a job loss. If someone has custody of a child, and loses a job, based on their own actions, can and

    Will the couet increase support ti the parent who lost the job on their own accord? And 2nd question, along same lines is if both parents work, what is the percentage difference in income that has to occur for a request of increase in supports?

    Loretta’s Answer

    I agree with my colleagues. If a party is voluntarily unemployed the court can impute income at the rate the person was earning or at least at minimum wage. This will be determined by the specific facts of the situation. As for when child support will actually be modified, it is when the new calculation is at least 10% different (higher or lower) than the previous order. Thus it is difficult to advise whether an order will be modified without running a a calculation which means having the income and health care cost figures. Some attorneys can run estimates of the calculations during a consultation. If support and the amount of a parent's income are it issue, you should seek a consultation with an attorney in your area to review this matter and get guidance on how and when to proceed.

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  • IS there afemale divorce attorney that will bill my husband for the fees?

    I live in Columbus Ohio and my husband has a history of cheating on me. He's keeping secrets from me and lies to me when I ask him questions on if he is. I need a divorce and full custody of my 3 yr old son since he's a truck driver. Please help me.

    Loretta’s Answer

    An attorney cannot bill the other party. A court could/may order husband to contribute to your attorney fees. You should seek an immediate consultation with a family law attorney in your area. You should be prepared to discuss your current situation, concerns with husband's behavior, parenting issues or concerns as well as property and debt concerns. A consultation can be very helpful in providing you guidance on how and when to proceed with a divorce; what documents to gather in preparation for a divorce and what types of matters to keep a look out for that could cause greater issues. In addition, a good consultation can help allay many fears and concerns that you may have so that you can focus and proceed to take care of yourself and your son. The fee for a consultation is money well invested. You can search for a female attorney on this cite.

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  • My sisters mother hasn't allowed me to see her due to issues with each other for almost 2 years what can I do

    I've tried contacting her she ignores me I just want the best advice I can get so I'm able to see her. She hasn't let my brothers or me see her for over two years when we haven't done anything.

    Loretta’s Answer

    Your question is a little vague. I am assuming you are an adult and your sister a minor. As her mother, she can allow or not allow contact. The question becomes one of your relationship with your sister and whether you may have grounds to file for custody or parenting/visitation time. I suggest that you consult with an attorney in your area to more fully discuss this matter.

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  • Who would your children go to if your not married but their biological father pays child support?

    If God for bid something happens to the mother during a surgical procedure? Can you put it in a will that you want th em to go to a family member or do they automatically go to their father?

    Loretta’s Answer

    The remaining parent would become the custodian of the children. The other family members could seek parenting time and or custody depending on the situation. If you have serious concerns about father's ability to care for the children properly, then I would seek a consultation before the operation. You will want to fully discuss your history and background with Father as well as his contact with the children. Also, be prepared to detail your concerns and get advise on what can be done if something happens to you. Court actions are not slow, they take time, so i recommend doing a consultation now and having a plan as to what to do in the unfortunate event of your demise.

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  • I have split custody with my 3 year old sons mother. what can I do if she's being unreasonable?

    She has a protection order against me. She breaks it when she's happy and uses it against me when she's upset. She makes it hard for me to see him because I can't get ahold of her through her parents. She even makes it difficult for people to tran...

    Loretta’s Answer

    You should seek a consultation with an attorney in your area. You will need to take with you a copy of the final custody documents as well as the protective order. The time frame of when they were each issued will be important as much as the terms of each document. If the protective order was obtained after the custody order and applies to the children as well as mother that will have a different impact than if it applies to only mother or if it was in place prior to the custody order. Ultimately you need to thoroughly review the current situation and assess your options for enforcing the parenting order or getting one that is workable.

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  • Should my boyfriend file an appeal on his parental rights being terminated?

    My boyfriend hasn't seen his son in at least 6 years because his ex will not let him see his son. He filed for visitation and a month later he got served adoption papers from ex's new husband. My boyfriend and his ex use to talk and text back and ...

    Loretta’s Answer

    Your question raises many questions that need to be answered to advise you effectively. This is much more detail than can be properly handled on this forum. Your boyfriend should seek an immediate consultation with an attorney in your area. He needs to sit down and review this entire situation in order to get proper advice. He should not delay in getting a consultation.

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  • If my mother took me to court for visitation for my child and didn't follow the rules can the order be dismissed?

    My mother has been trying to find ways to keep ignorant drama going on since I was 15yrs old and now that im 29 I stay away from her. she keeps harassing me by blackmail, courts, letters in the mail holding my belongings of my childs,and threats...

    Loretta’s Answer

    Attorney King is correct in her advice. In addition I strongly recommend that you seek a consultation with a family law attorney in your area. There will probably be a fee associated but it is money well spent. Be prepared to discuss with them your entire family history (children, children's father) and your Mother's behavior. You should also discuss the counsel the impact of a court order and what happens if it is not followed. Do not enter into any agreements to be placed of court record without first consulting with an attorney.

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  • Child custody

    I am 30 with 3 kids living back with my folks. I do have a full time job for over 4 years and do take care of my kids. only living there for financial reasons. my kids father is incarcerated for drug trafficking. my folks threaten to call cps on m...

    Loretta’s Answer

    First, the fact that your parents have more money will not be a determining factor in any court battle. It may impact how much they can fight. There are many other factors that will be important. Some are the ages of the children, how long father has been incarcerated, what contact they have had in the past, etc. In general terms, for your parents to be successful in a custody fight against you they would need to show the court you are unfit. You should seek a consultation with an attorney in your area and sit down and review in detail all the facts and circumstances of this matter.

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  • Child Support Court

    So the father and I have a court date 2/10 because he wants to terminate child support. Today received letter from his attorney that if I don't agree to terminate i could have to pay him support (since he has two other children in his marriage) an...

    Loretta’s Answer

    You need to seek a consultation with local counsel. Take copies of the current order on support and parenting if there is one, the motion that has been filed and any other documentation you have received from the court or from counsel on behalf of Father.

    Counsel will be able to assist in providing the necessary financial data as well as information on the current medical coverage. Also, counsel will be able to assess if there is a possibility of Father being the party to receive support. You are not responsible for support for any other children Father has. As for your own children, support is usually paid by the non-residential parent. Depending on your parenting status - residential, non-residential, shared- the support obligation may be subject to change.

    Please seek counsel promptly. These matters can get out of hand quickly. You should have legal representation.

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  • Should I force my 10 year old daughter to go for her entire scheduled weekend visitation?

    My 10 year old daughter hates going to her dads. He has every other weekend visitation and she Always tries to get out of it, but he forces her to go and accuses me of trying to keep him from her. He has nothing to do with her during the two week...

    Loretta’s Answer

    Counsel is correct, two years may make a difference. Until and unless the order is changed, she must go or you risk a contempt action. You should seek a consultation with a local family law attorney and review with them the visitation issue and daughter's wishes. They will be able to advise better if a motion to modify the time would be successful.

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