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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Collections for Ohio on
Q: I received a call today stating that I am being taken to court by a bank. It's all from an overdrawn account from 2009

Does this exceed the statute of limitations in Ohio? They keep telling me that I will have warrants and I honestly don't know what to do. I have never received anything about this.

Nicholas P. Weiss
Nicholas P. Weiss answered on May 14, 2020

This sounds like a scam to me. A warrant is used in criminal proceedings. An overdrawn account would be a civil proceeding. On the off-chance that they are a debt-collector using improper means, you could have a cause of action against the debt collector under the Fair Debt Collections Practices... Read more »

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: my son is 5 his mom is seeking back child support but was denying me from seeing him until i got v.r do i have to pay ?

I have message dated back from when i was trying to reach out and be in my son life but she wasn’t allowing me too i didn’t have any contact with unless she called me which was blocked and out the blue she totally cut me away from him I’m paying child support now but I’m currently in court... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 14, 2020

Child support and child custody are separate matters. You cannot withhold support if you are not seeing the child, and you cannot withhold the child if you are not receiving support. If there is a violation of either support or child custody, the correct procedure is to file a motion to show cause.... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: What if any recourse does a spouse have, when their mate has a mental illness receive an inheritance.

The person with mental illness has a payee for his Social Security Benefits. Is he allowed to control the funds from his inheritance or would he require a payee?

Nicholas P. Weiss
Nicholas P. Weiss answered on May 5, 2020

Unless a guardian has been appointed, the funds will be sent to the beneficiary from the estate. If you are concerned about competency you should apply for guardianship.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Neighbors with no so friendly dog.

Our neighbors have a dog that's not so friendly, they have a fenced in yard but the dog is big enough to hop the fence & on multiple occasions dug holes under to get out. One of those occasions of which he bit my little brother, my brother did not press charges in fears they would have to... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 5, 2020

Your brother does not need to file the police report. You can file the police report. Going the criminal route is going to be faster to stop the danger to you and your family.

If you go the civil route, you can bring a suit for negligence and trespass against your neighbors, but that is...
Read more »

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: How do I go from third party custody to adoption?

I have a child that was removed from her home 14 months ago. She has lived with me since. I currently have temporary custody, and the state filed for LC. The next hearing is July.

Cps is not filing for tpr because they do not have custody, only I do. Mother neglected child, has made... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 5, 2020

Adoption will be filed through the probate court in Clark county. You will have to get an attorney (required by the local court) and prove what you need to under R.C 3107.07.

You will need to allege and prove the following: The parent has failed without justifiable cause to provide more...
Read more »

2 Answers | Asked in Employment Law for Ohio on
Q: Can my employer require me to wear a mask in my office?
Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

Yes. Safety equipment, including masks to prevent infectious disease, can be made mandatory by an employer. If you have a medical or religious objection, you may be able to receive a reasonable accommodation, but absent evidence of discrimination the employer can require this.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: at what age is a minor legally able to be emancipated?

we have custody of my step daughter age 12. she has lived with us for 2 years and visited mom every other weekend plus half of school breaks. her mom who lives in indiana keeps telling her she can be emancipated at age 15. daughter has ODD, anger issues and anxiety. what do you say about what her... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

Ohio does not allow for minor emancipation. Indiana has no minimum age for emancipation, so she can file whenever she likes in Indiana. Whether she will get it is another thing.

1 Answer | Asked in Child Custody for Ohio on
Q: I gained custody of my daughter but owe arrearages because of making direct payments can I now get a child support order

Mother won't disclose payments to judge

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

If you have custody then yes, you can obtain a child support order for payments. This doesn't help you with your arrearages, though, as payments made directly to the obligee instead of through CSEA are considered gifts. You could ask for the arrearage to be waived based on the direct payments,... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: OHIO Landlord verbally said that if I have my girlfriend move in with me, it would go up in rent?

My landlord verbally told me that my rent would go up if I have my girlfriend move in with me. This is stated NOWHERE in the lease. Is she legally allowed to do this? The lease says 1 adult and 1 child, and to have a written notice from the landlord saying I can have another person move in. But... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 20, 2020

Yes. She has discretion to prohibit you from bringing anyone in. She is offering you an amendment to the lease permitting an extra person to reside at the property in exchange for additional rent.

1 Answer | Asked in Family Law for Ohio on
Q: Can a man that has signed an acknowledgment of paternity contest it if he does not believe he is the father? read below

If a child is almost 2 years old & the presumed father has already signed and acknowledgment of paternity (in Ohio) can that same man contest the acknowledgment or in any way ask the court to look into the possibility that another man is the father? (Genuinely asking for a friend lol) they are... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 19, 2020

Yes. If the man who signed the acknowledgment can establish negligence, mistake, or fraud for the reason to rescind acknowledgment, he can seek to rescind the acknowledgment.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I signed a contract to purchase a home there was a disclosure issue and now I want out.

When we viewed the home there was mention on a disclosure form of a minor structural issue that had been repaired and had an accompanying engineers letter and warranty with it. Before signing the contract however I was not able to see that document. During the inspection I walked with the inspector... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 19, 2020

Do not listen to your agent. You purchased the house subject to a successful inspection. It failed the inspection. You can now rescind your offer.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: Never married child support established father not on birth certificate

Visitation order for fathers mother father is $9000 behind in child support and hasn’t paid since dec2019 I currently am married and want to move out of state from Ohio with my husband and daughter do I need permission?

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

If there is an enforceable visitation order then you likely need the court's permission before you leave the state.

1 Answer | Asked in Criminal Law, Business Law and Civil Litigation for Ohio on
Q: How to fire a rouge board member completely?

In accordance with our Bylaws, we have fired two board members, we have followed all the procedures as explained in your Constitution. However, these 2 members are being stubborn. They manage to take some of the organization’s fund and they are holding it hostage with them. For the past 9 months,... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

If they have been fired and removed then they are committing criminal trespass and you should call the police report theft and trespass.

On the civil side, if they are refusing to return property, then you can bring a cause of action against them for civil conversion, civil theft, and...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: If the mother of my child signed over her rights to a relative before I knew I was the father what are my rights?

Paternity has been established

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

You can petition the court for an allocation of parental rights and responsibilities and, so long as paternity really has been established (via court approved genetic testing, or an affidavit of paternity, not a random genetic test) and unless the current custodian can prove that you are an unfit... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: My x=husband passed away and everything has been put in a trust. His biological daughter is not listed in the will.

His lawyer has sent her papers to sign saying she will not challenge the will. We don't know who is listed on the trust. Can she challenge the will and is she entitled to 1/2 of everything?

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

It really depends on how the will is drafted. The law in Ohio is that “a testator cannot, by any words of exclusion used in his will, disinherit one of his lawful heirs, in respect to property not disposed of by his will.” Crane v. Exrs. of Doty, 1 Ohio St. 279 (1853), syllabus. “[T]he heir... Read more »

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1 Answer | Asked in Estate Planning for Ohio on
Q: My x-husband has died and his will is in a trust. His biological daughter is not listed in the will.

Should she challenge the will and is she entitled to 1/2?

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

It really depends on how the will is drafted. The law in Ohio is that “a testator cannot, by any words of exclusion used in his will, disinherit one of his lawful heirs, in respect to property not disposed of by his will.” Crane v. Exrs. of Doty, 1 Ohio St. 279 (1853), syllabus. “[T]he heir... Read more »

1 Answer | Asked in Child Support for Ohio on
Q: What happens if the father got residential custody of the child but the mother filed and received support?

The father (my husband) had residential custody of his 12 yr old. We just found out that he has been paying (it says back)child support since 2016 for her but she was with us (2013ish) till last year. He did try and get child support for his daughter but they ignored his request. She never paid for... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 17, 2020

He needs to file a motion to modify support and waive arrearage. I recommend that you go through the court system as, while it is a mess, it is less of a mess than job and family services right now.

1 Answer | Asked in Child Support for Ohio on
Q: My question is concerning child support laws in Ohio.

I have a son who will be turning 23 soon. My daughter turned 21 recently. There has never been a child support court order. Their mother and I were never married. We mutually agreed that I would pay her an agreed upon amount over the years. I quit paying because she was non-supportive of me in... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 17, 2020

No. An order would have had to be established when they were minors.

1 Answer | Asked in Child Custody for Ohio on
Q: If the mother of my child signed over her rights before I even knew I was the father what are my rights i am in Ohio

I want to get visitation and maybe custody

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 17, 2020

Who did she sign over her rights to? It's not clear from your question. You will need to start by establishing paternity. The easy way to do this is by having both you and the mother sign an affidavit of paternity and file it with your local jobs and family services office. You will then need... Read more »

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: How to get a Child support order quashed. Me and my wife are still married. My wife and kids are in India and not in USA

Me and my wife are still married and I am taking care of them. We all had to go back to India last year due to visa issue. Now I came back, but my wife and children cannot come back to USA due to visa issue and current COVD19 situation. How to get the child support order quashed/suspened in... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 17, 2020

It's unusual for you to have a child support order if you are still married. There is usually only an order if you filed for divorce and the court issued a temporary order of support. We can answer this question better if you say who filed for support.

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