I have an agreed judgement entry that defines my ex’s visitation. We went to court to modify it with a new agreed judgement entry. It was not signed by the magistrate or us because there are issues with it. However I expected it to be edited and gave him his modified weekend with the kids. 2... View More 
answered on Oct 25, 2023
The only entry that can be enforced is one signed by the Judge and filed with the court. Anything that has not been filed is invalid. In some instances a signed copy is filed with the court and unsigned copies are time stamped at the same time as "service" copies which are for... View More
Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More
answered on Oct 18, 2023
If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More
Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of... View More
answered on Sep 30, 2023
You should definitely consult with an attorney on this. They would be able to review the policy and the terms of the decree to give a clearer path forward. The Court would have had to state grounds by which they made such an order, and this outcome seems out of line with general expectations... View More
Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of... View More
answered on Sep 30, 2023
A life insurance policy is marital property if the owner of the policy is married and can be awarded to either spouse in the event of a divorce regardless of which spouse’s name is “on the policy.”
But I have never heard of a court awarding a life insurance policy purchased by a party... View More
Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of... View More
answered on Sep 30, 2023
The quick answer is yes and the source is statutory. The specifics of your situation will depend on your original divorce decree, whether the Court retained jurisdiction over spousal support and the purposes of the life insurance policy. In many cases it is in place to ensure continued support in... View More
I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.
answered on Sep 21, 2023
Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More
I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.
answered on Sep 30, 2023
The answer to your question about alimony, or spousal support, will depend on a number of factors that are listed in Ohio law. Specifically, R.C. 3105 sets out the factors for a court to award spousal support. The length of the marriage and the respective income of the parties are perhaps the most... View More
My husband and I have been living apart for almost 5 years now. He lives in Pennsylvania and I live in Ohio he has physical custody of our son. I need help with getting a dissolution we share no assets. I need financial aid help in getting a dissolution. I have little to no money to do so. Since... View More
answered on Sep 5, 2023
The Wayne County Domestic Relations Court has resources for parties of modest means. Go to this URL https://www.waynecourtofcommonpleas.org/resources/domestic-relations-templates
You will need to submit the first 4 affidavits, a petition for dissolution, a poverty affidavit / motion to... View More
I'm 44, with mental and physical disabilities. she has been my 100% provider for 10 + years, we have 2 children. She has been denied twice I believe but now it goes to court.
answered on Sep 4, 2023
You need to get counsel ASAP. Appear at the first hearing and at least ask for a continuance so you can retain counsel. In order to get a DVCPO your wife will need to demonstrate by a preponderance of the evidence that there is sufficient evidence of immediate and present danger to her, her... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
If you are facing a divorce and cannot afford an attorney, there are resources available to help you navigate the legal process. Many states have legal aid organizations that offer free or low-cost assistance to individuals who meet certain income criteria. These organizations can provide guidance... View More
I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More
answered on Aug 25, 2023
Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.
My ex is active duty Army, and stationed in GA. Although we have a shared parenting plan, I have our children 90% of the time. Between school, sports, and extracurriculars working part time is hard enough. I worked part time for the entirety of our marriage (10 years), so that I could still parent... View More
answered on Aug 23, 2023
It is certainly possible for a court to impute income. It is at the court's discretion. You make compelling arguments as to the limits on your availability. There are many factors that can be considered by the Court.
In Ohio, child support is determined following state guidelines... View More
I have the necessary information (tax returns) to prove he is lying about his income. He has actually lied in all three affidavits. This is for a child support modification in Lorain County, Oh.
They have dragged this out for almost 6 years. I am now representing myself because I can no... View More
answered on Aug 21, 2023
You will need documentation to prove he lied. Then you will need to cross examine him regarding the questions he lied about , get him to confirm his affidavit answers then produce the conflicting documentation (assuming that you lay down appropriate foundation and can authenticate the exhibits.... View More
regards to me which I have never seen but has been 'scooted' past me for control and manipulation factors. I was told I can get a Revocation for my file.....Thank you.
answered on Aug 7, 2023
Just make out new POA documents, which will revoke all prior ones. You really want to create new potential proxies in the event something happens to you anyway. You can also write a simple statement revoking a specific person's proxy status effective as of a particular date, then send it... View More
My husband and I divorced, both are still on the deed to the house. Divorce decree states when I’m ready to sell we split the proceeds. He passed away and now his wife wants half the house in her name. The deed has survivorship rights. So I thought the house should go into my name. What trumps... View More
answered on Aug 4, 2023
Sign and record an affidavit of survivorship with a copy of the death certificate, per the survivorship deed. That will put the house into your name. There is no obligation to also put the house into her name, unless a court would order that, or unless the divorce decree already says that. But... View More
He redid the paperwork and said his lawyer said we come up with an amount not the judge
answered on Aug 3, 2023
All i can state based on the information provided is that you have a right to have the dissolution petition and proposed separation agreement reviewed by an attorney. You may certainly agree to anything you actually wish, however you really should have a local lawyer review your facts and the... View More
I had our daughter in 2018 and me and him was not married we got married in 2021 she was diagnosed with Autism in 2020 and she's always with me he doesn't take care of her or anything even tho we live in the same home, he tells me to take her and move where I came from and he says a lot... View More
answered on Jul 29, 2023
The simple answer is if there is no Order in place, either of you could move. However, be aware that you could not file for divorce or a custody in that other state until you have resided there for at least 6 months and at least 90 days within the same county, due to the Uniform Child Custody... View More
On June 5th 2023, the plantiff challenged DNA on two children he signed the birth certificate for so he can stall on paying child support. He was given 14 days to initiate the test and I have called and called and it's been well over 14 days and LabCorp hasn't ever heard from him. What... View More
answered on Jul 16, 2023
Please remember that this forum is no substitute for hiring an attorney of your own. If you do not have an attorney I strongly urge that you get one, especially if you're divorce has been going on for 2 years. If you do have an attorney please pay attention to the advice that you receive.... View More
We would like to file a motion to dismiss our divorce on our own and don't know how
answered on Jun 26, 2023
The answer depends on whether the defending spouse filed counterclaim. If so the two of you can file a joint notice of dismissal under Civ. Rule 41. Make sure there is a signature line for both spouses and the Judge/Magistrate. If the only claim existing is the divorce then it is only the... View More
Husband did not include assets on financial affidavit in the form of bitcoin, when discovered he tells judge he acquired money through money muling, judge allows him to keep every penny of it and stays true to his word and gives him half of the wife's $
answered on Jun 22, 2023
I do not see a question here. Assuming the question is what to do next and that the person asking does not have a lawyer, getting one is the first thing that should be done. The wife in this case should timely file a Notice of Appeal (within 30 days of receipt of the FINAL appealable order).... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
