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Questions Answered by David Scott Heier Esq
1 Answer | Asked in Divorce for Ohio on
Q: What property is spouse legally entitled to after 18 years of marriage in Ohio.
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

One-half of everything. That's the simple answer. All property acquired during the marriage is considered marital property and is subject to equal division. Separate property is not divided. Property owned prior to marriage and inheritences are separate property if the property is held separately,... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I was incompetent during my divorce hearing. Can I reopen to get fair division of my stuff?
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

A litigant representing themselves in a divorce will most likely make many mistakes. Except for the simplest of divorces, most pro se parties are incompetent to represent themselves.

Rule 60(B) motions can be filed within one year of the date of the judgment asking that the court examin some...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: 2ND WIFE CLAIMES TO BE PARENT OF MY SON ON MY EX-HUSBANDS GRAVESTON. I want it off
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

Hire an attorney who might be able to figure out a legal way of having it removed. Be prepared to spend a substantial amount for attorney fees if the matter must go before a court. The non-legal alternative is to "let go of it."

1 Answer | Asked in Juvenile Law for Ohio on
Q: Do the 17 year old girls biological parents have custody of her newborn

If a 17 year old girl that is still living at her parents home and still under their custody gets pregnant and has a baby and still only bring 17 years old and still at home at the time of childbirth, does that put the 17 year olds newborn baby under the custody oh her parents?

David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

The grandparents of the infant do not have official custody of the baby. They do stand "In Loco Parentis" to the baby since the mother is a minor and so the grandparents have the responsibility of providing the functions of an adult parent until the mother turns 18.

1 Answer | Asked in Juvenile Law for Ohio on
Q: My 17 yrold was arrested for underage consumption. do we need an attorney
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

If the minor child has no attorney in court, there is no one who will protect his rights or be able to advance a defense or negotiate with the prosecutor with the knowledge and experience of counsel. Is that important to you?

1 Answer | Asked in Divorce for Ohio on
Q: Do i need an lawyer for a divorce we've been married for 10 seperated for 9 he lives in TN. I live in Ohio
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

Most people would need a lawyer for this.

1 Answer | Asked in Divorce for Ohio on
Q: How is alimony figured?
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

Ohio law is very broad regarding spousal support and it can be interpreted very differently by each of Ohio's 88 counties or even each judge. It is based upon the need of one party and the ability to pay of the other party to maintain a similar life style that the party has become accustomed to.... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: WHAT IS A NOTICE OF POTENTIAL DISMISSAL OF MOTION FILED BY COURT
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

It sounds like the court is giving notice that the filing party is required to do something that has not been done. If it doesn't get completed in time, the court is dismissing the motion.

1 Answer | Asked in Divorce for Ohio on
Q: Do I have to change my name back to my maiden name if I said I wanted to in Court?
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

The Divorce Decree grants you the right to take back your maiden name without having to go to Probate Court for a Change of Name Petition. You would need the divorce decree to go through all the red tape of IRS, Social Security, driver's license name changes. Skipping that and retaining your... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Daughter wants a dissolution. Husband agreed to shared parenting but does not want to pay child support. She works par

Part time and goes to nursing school full time....

David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

Hire a lawyer and file for divorce. A dissolution will not work if the parties are not in complete agreement. She most likely would be entitled to received child support.

1 Answer | Asked in Divorce for Ohio on
Q: I have a court order for ex husband to pay me for a year, it's not alimoney...how do I enforce it?
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

If a Divorce Decree divides property where one party pays the other over a period of time, then a contempt of court complaint filed with the Divorce Court is the means for enforcement when the payment is not made.

1 Answer | Asked in Divorce for Ohio on
Q: What are the fathers right to children when the parents are married but no longer together?
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

If there is no court order, then each married parent has equal parenting rights. Neither one has a superior right over the other.

1 Answer | Asked in Divorce for Ohio on
Q: Can the court mandate spousal support even if dissolution agreement states neither wants it?

Married 3 years, living separate 3 years. wife retained home & full mortgage, husband is now self-employed

David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

The Dissolution Decree must specifically state that the court does not retain jurisdiction over spousal support.

1 Answer | Asked in Divorce for Ohio on
Q: I want to file a qualified domestic relations order, where do I go?
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

A QDRO is a court order for the division of retirement assets in a divorce proceeding. You must file for divorce.

1 Answer | Asked in Divorce for Ohio on
Q: If I own my home before I was married only married for four months, can she force me to share my property?
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

Generally, property owned before the date of marriage is separate property. If a spouse is not added to the deed of premarital real estate and there is no evidence of a gift of a one half share in the property, the property would remain separate and not divisible upon divorce.

1 Answer | Asked in Family Law for Ohio on
Q: Am i required to name a father for my child if i recieve state help?
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

Yes.

1 Answer | Asked in Family Law for Ohio on
Q: In Ohio, can a two and a half year old be considered competent in claiming that her father did sexual things to her.

The child has nightmares, stated that her dad put things in her butt, stated that he put creme on her butt and then licked his finger, removes all of her clothes during the night, had redness in her vaginal area,she has wet her pants and screams and hides when her dad comes to get her. She screamed... Read more »

David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

A child can be examined at a hospital immediately when a parent suspects physical or sexual abuse while in the care of the other parent. A report can be made to the Children's Services agency for investigation. A child psychologist can also be consulted. Interrogation of the child by the custodial... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Is husband responsible for child from a previous relationship? He has solely been her father since age1 & she is now 15

Husband filed for divorce. I received divorce complaint via certified mail. He included the child we had together, but did not include my child from a previous relationship. He has solely taken on the role of her father since she was 1 1/2 yrs old. we resided together for 11 years. He takes both... Read more »

David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

The father of your 15 year old child is the man who is responsible for her support. Only children born during a marriage are included in a divorce. At least she has a step-father who cares about her enough to include her in his life with your mutual child.

1 Answer | Asked in Family Law for Ohio on
Q: My x wife has not let me see my kids for 13 months,and has not answered the phone in 6 months.can i file contempt
David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

That is a very long time without contact. If you have a divorce decree granting you parenting time, you could have filed a contempt a year ago. And you still can. Stop delaying. If you are not paying child support, in some circumstances you could permanently lose your parenting rights.

1 Answer | Asked in Family Law for Ohio on
Q: My ex lost my kids to children's services,who didn't even contact me,what can I do?

MY ex(we were never married) and her current were having problems and children's services got involved and took my 2 children from her and gave them to her mother,without contacting me.Her mother decided she didn't want them and cs took them into county custody,again without contacting me.They live... Read more »

David Scott Heier Esq
David Scott Heier Esq answered on Mar 29, 2013

Your question implies that you were never contacted because no one had your correct address. Notice to you was probably completed by "publication" in a legal paper, which is your official notice. First try contacting the social worker handling the case so you can become involved in the children's... Read more »

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