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Questions Answered by Cathy Cook Esq
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 »

2 Answers | Asked in Divorce for Ohio on
Q: Could I move me and the kids out of state?

Could I move myself and my children out of state if I got a divorce? My husband doesn't want to move and he isn't a bad father, just lacks drive and doesn't have the best priorities when it comes to our children.

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

If this is something you have a plan for now, you will need to address it in the divorce. Relocation is one of the most difficult issues because it means children won’t see one of the parents as often. The court will look at what is in the best interest of the children, including issues of their... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: I want an abatement of my divorce court proceedings until covid19 pandemic is over. Is this possible in Ohio?
Cathy Cook Esq
Cathy Cook Esq answered on May 12, 2020

Since COVID-19 is not going to be “over” for a year or more, and the courts will find ways to move cases forward, that is unlikely. The only way to stop a divorce generally is for both parties to agree to dismiss the case.

If your property values have been affected, you may have to...
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1 Answer | Asked in Divorce for Ohio on
Q: I am in the process of filing for divorce. We reside in the same rented home is there any way to have him leave

Before the divorce is finalized, the household situation has become hostile and we have children as well. I know legally the rented home is his as well as mine but I am the only person employed and covering all the bills, including the rent

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

You are correct that both of you have a right to be in the residence. In Ohio, there is no uniform rule regarding one spouse having exclusive occupancy. Rather, this is governed by the local rules of each county’s domestic relations court. You will need to see if your situation fits the local... Read more »

2 Answers | Asked in Divorce, Child Custody and Juvenile Law for Ohio on
Q: Can I get emancipated at 16? Is there any possible way?
Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2020

Sorry, but we don’t have this in Ohio. If you are trying to get out of your parents’ home, the only way is to be removed by the state due to abuse or neglect.

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2 Answers | Asked in Divorce for Ohio on
Q: I divorced my ex 4 years ago. I have a car financed in both our names that I just paid off. How do I take him off title?

I have it included in our divorce decree that I will be getting my car free of his claim. However, we never refinanced at that time. I have been making all payments myself for 4.5 years. Now that I have paid it off, I got a letter from the bank that the lien has been released, and I am not sure how... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 13, 2020

Unless your decree provides for transfer using a certified copy of it, you will have to have your ex sign over title to you. It will need to state it is a gift to avoid any tax. His signature will have to be notarized.

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1 Answer | Asked in Divorce for Ohio on
Q: I'm my brain injured husband's guardian. How do I go about divorcing him. He's a cheating heroin addict.

I asked for divorce prior to him having a anurism burst. Now he is a five years old. This was from his drug use.

Cathy Cook Esq
Cathy Cook Esq answered on Apr 11, 2020

I’m sorry for your situation. You will need to resign as guardian and someone else will need to be appointed. There is a conflict of interest with you as guardian and suing him for divorce. Since there may be issues with his support and any government aide he may receive, you need to consult a... Read more »

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