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Questions Answered by Cathy Cook Esq
2 Answers | Asked in Divorce for Ohio on
Q: I got married Sept 18 2019 .she owns the house .i put 20,000.00 in repairs and help with our agreed to help with the b

Do i get my money back .she filled for divorce

Cathy Cook Esq
Cathy Cook Esq answered on Sep 15, 2020

Improvements, not repairs, usually increase the value. You don’t generally receive dollar for dollar value increase for those improvements. If there was an appraisal pre-repairs, though, perhaps you can show increased value now.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: My mother is the custodial parent. Is there anyway I can live with other guardians without her consent.

I’m 15

Cathy Cook Esq
Cathy Cook Esq answered on Sep 6, 2020

Parents have superior rights. Your other parent could seek custody but must show a change of circumstances since custody was given to mother and that it is in your best interest for the other parent to have custody. For a non-parent to gain custody, your mother must be shown unfit.

1 Answer | Asked in Divorce for Ohio on
Q: I got married in April. He has cheated. He is abusive n a no contact order n place since end of july. I want a divorce.
Cathy Cook Esq
Cathy Cook Esq answered on Sep 6, 2020

I’m sorry for your situation. Given the short marriage, your divorce will not be a difficult case. The problem will be whether your husband makes it difficult. You can obtain the necessary paperwork from you local domestic relations court and file yourself or seek a divorce attorney In your area.... Read more »

2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Ohio on
Q: How can I find out what my husband has done with his early withdrawn 401k funds

72000dollars

Cathy Cook Esq
Cathy Cook Esq answered on Sep 2, 2020

You will need to do a request for production of documents to trace the funds from withdrawal from the 401k to where they were ultimately placed or spent. You will need counsel to assist you.

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1 Answer | Asked in Divorce for Ohio on
Q: Can I go public on social media with my relationship?

Hello, I'm married, bit haven't lived with my spouse in over a year. I have a Girlfriend now and was wondering if posting things with my girlfriend on social media could effect my divorce when I decide to file.

Cathy Cook Esq
Cathy Cook Esq answered on Aug 22, 2020

You are free to do that. Keep in mind, however, that emotions can make the marriage termination more difficult. If your spouse becomes upset about the new relationship, she may fight the divorce. Also, if you have children, she may fight your parenting rights.

2 Answers | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Ohio on
Q: I am fighting to remain in my daughters life. Her attorney is asking for documents already given. And my EIN paperwork.

He was given most of the documents already.

He want proof of my EIN.

Cathy Cook Esq
Cathy Cook Esq answered on Aug 20, 2020

If this is just a parenting time case, your business & income are not an issue. However, if it is also a child support case, they are. Hopefully, you have evidence that you previously provided documents. As it appears you are self-employed, your business documents are relevant.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My wife was supposed to receive her part of the QDRO over three years ago. How can she get the QDRO reassessed?

The date went back to the separation date, 3/17/2014, but it hasn't been paid out yet. As for as we know her ex has been profiting from her share still being in the fund. Decree says loses and gains. This should include the entire time period he has not paid it out. Correct?

Cathy Cook Esq
Cathy Cook Esq answered on Aug 17, 2020

Normally, the person receiving the money is responsible for preparing, filing, and sending the QDRO to the company to get the money paid. Look at the decree to see who was to do this. If your wife, obtain an attorney to assist you with it. If her ex was supposed to do it, file a motion for contempt... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I am in an abusive marriage, not living together for over a year. What is your average cost for a divorce?

He currently has two domestic violence charges against him, put assures me he is not finished yet. He does drugs and is very violent. He has stolen my car keys and just recently cut my brake line. I now have been given me a camera to put inside my home. I live in a trailer park in Sidney, OH... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Aug 17, 2020

If he has DV charges, there should be a protection order keeping him away from you. If he violates it, you can have him arrested. You could also get a civil protection order through domestic relations court against him. Further, you need an attorney in your area to assist you in filling for... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can we put our divorce on hold to try and reconcile after wife filed papers?

Pretrial and final date were set before my papers were even due

Cathy Cook Esq
Cathy Cook Esq answered on Aug 17, 2020

If you both agree, you can request the court put the case on hold for 90 days while you attempt reconciliation. If your wife doesn’t agree, you can file a motion foe conciliation asking the court to order her to try.

1 Answer | Asked in Divorce for Ohio on
Q: divorce in Ohio My spouse is wanting me to change my address he is the sole owner of our martial house good or bad

Just want to know if he can do anything if I change my address

Cathy Cook Esq
Cathy Cook Esq answered on Aug 4, 2020

He cannot force you to leave your marital home without a court order. If you move on your own, it will be easier For him to get exclusive occupancy. You have a right to half the equity built in the house during marriage, as well as any other property.

2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Juvenile Law for Ohio on
Q: What is the process of getting emancipated if petitioning to the court isn’t an option?

I have been having major issues with my adoptive family for as long as I can remember and I am finally at the point where I can’t take any more. My 16th birthday is approaching soon and I have a stable job with a great income and I am trying to go about emancipation so that I can move on from the... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Aug 2, 2020

I am sorry to hear about your situation. I am also sorry to tell you that, in Ohio, there is no ability for a minor to emancipate herself.

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2 Answers | Asked in Divorce for Ohio on
Q: My husband filed for a divorce but put incorrect information on his paper work what do i do
Cathy Cook Esq
Cathy Cook Esq answered on Jul 27, 2020

I agree you must respond, especially if he is trying to obtain temporary orders with the false information. Consult with an attorney in your area to assist you with your responses to have the greatest impact on the court.

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1 Answer | Asked in Divorce for Ohio on
Q: Prior to the divorce hearing, can either spouse move out of the school district?
Cathy Cook Esq
Cathy Cook Esq answered on Jul 24, 2020

In Ohio, the custodial parent or one of the parents in a shared parenting plan must live in the school district for the child to attend there. Some shared parenting plans limit where each parent can move.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Ohio on
Q: Where should I file for TPO?

My abuser lives in Georgia. The abuse happened in Georgia. We are actually going through separation process in Georgia. I currently live in Ohio, and the abuser often comes in Ohio.

Where should I file for a TPO?

Cathy Cook Esq
Cathy Cook Esq answered on Jul 18, 2020

You can file in Ohio & use the order when he comes here. It should also be valid in Georgia, but you should check with the court or an attorney there.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: After tpo ended for domest violen he is living somewhere else He didn’t want to make Mortg payments only money for cHild

He has domestic violence charges and left our house 6 months ago, no mortgage payments from him he said that since he is not living here he is not obligated to make payments. He only deposits money for our son. We agree to dissolve the marriage but we don’t agree on the child support amount... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Jul 8, 2020

I agree you need to file for Divorce and seek temporary support orders. In most states, including Ohio, you cannot go backwards on support, so file soon. You should consult an attorney in your area for advice considering all your issues.

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1 Answer | Asked in Divorce for Ohio on
Q: Hi , I’m on social security disability and wanted to know if I was to get a divorce, will I Have to give % of ssd ? Tx
Cathy Cook Esq
Cathy Cook Esq answered on Jul 7, 2020

No, you will not. Your spouse may have to pay you spousal support, though. Check with an attorney in your area to assess your entire situation.

2 Answers | Asked in Divorce for Ohio on
Q: Ex assumed parent plus student loan debt which is in my name in divorce. It's been 10 years. How can I enforce this
Cathy Cook Esq
Cathy Cook Esq answered on Jul 7, 2020

If the decree says your ex must pay, but isn’t, you have a contempt motion. You should have an attorney in your area review the decree and advise you.

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2 Answers | Asked in Divorce for Ohio on
Q: wife moved out to her ex but left her kids with me at the house

She committed adultery

Cathy Cook Esq
Cathy Cook Esq answered on Jul 2, 2020

I can’t speak to PA law, but in Ohio what she has done would assist you with temporary custody of the children. Not because of adultery, but because she left the children.

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3 Answers | Asked in Contracts and Divorce for Ohio on
Q: My ex wife financed a vehicle in my name 6 months before we separated. I was never in this car lot. She signed my name

In our divorce we were ordered to pay our own debt. She left the car somewhere and it got towed. I have no idea where it is. Now the finance company is threating to garnish my wages.

Cathy Cook Esq
Cathy Cook Esq answered on Jun 25, 2020

Request the loan documents from the finance company to review the signature. If is obviously not yours, the may stop pursuing you. I had this succeed once. If it does work, make sure they also remove any mark on your credit reports. If they won’t stop, have your divorce attorney file a contempt... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: My wife took my kids 400 miles away a month ago. What should I do ?
Cathy Cook Esq
Cathy Cook Esq answered on Jun 14, 2020

You need to file for divorce & for temporary orders on custody. Right now, you and your wife have equal rights to your children, so you could try to retrieve them from her, but if she involves the police, they will say it’s a civil matter to be decided by the courts. You also don’t want to... Read more »

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