Lee Thompson Esq

Fairfield County Bar Association

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Domestic Relations Committee: Fairfield County Bar Association; 1984 - Current

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26 Questions Answered

Q. how much is it to submit divorce papers: 22 June 2015; A: Each county has it's own filing fee. You can get the information from the clerk of courts in the county you will be filing.

Q. In marriage dissolution, is there any way that I would not have to come back in 90 days for hearing?: 22 June 2015; A: You have to be present but, I have on rare occasion used deposition testimony by clearing it with the court first.Talk to the attorney handling it. Another way to do it that would work is to convert the dissolution into a divorce, use the same agreement and only your spouse and witness would have to appear. Keep in mind, the hearing has to be not less than 30 nor more than 90 days so if you are not leaving until 30 days after the filing, you may be able to get the hearing in before you move.

Q. What is the shortest possible time to get a dissolution? Is hiring a private lawyer faster?: 30 November 2014; A: The papers have to filed first. Once filed, the court has to have a hearing not less than 30 nor more than 90 days after it is filed. All you would have to do is show up for the hearing. An alternative would be do a divorce with a complete by separation agreement, have her be the plaintiff and make sure it is attached. You could do a waiver of service. That one requires some trust on your part and if you elect to do it that, I'd get an attorney to represent you to make sure it goes as planned.

Q. Is it contempt of court if you were granted divorce and the ex will not sign papers!!: 30 November 2014; A: She doesn't need to sign the final entry. Only the judge needs to do that. If there are papers she was ordered to sign and won't, that would be a contempt.

Q. My boyfriend has his daughter every other whole week and is currently unemployed and the mom went and filed for: 29 November 2014; A: He can file a motion to modify with the court or file for an administrative review through the support enforcement agency. Going through court is quicker and since she's in agreement, this can be done with a motion, waiver of service, financial affidavit and agree entry.

Q. my child support is court ordered... so when I remarry can my ex spouse collect child support from my new spouse?: 29 November 2014; A: Simple answer is no, the child support obligation is personal to you. However, an increase in child support is possible under the statute to deviate from the support guidelines. See http://codes.ohio.gov/orc/3119.23(H).

Q. My mom has full legal custody of my two boys how do I get them back they dont want to go back to my moms: 26 November 2014; A: This was asked more than two months ago but no one answered. You would have to file a motion to change custody, now referred to as a modification of the allocation of parental rights and responsibilities. You would be asking the court to name you residential parent.

Q. At what age can my child choose what parent he wants to live with in Ohio ?: 26 November 2014; A: There is no specific age. Years ago, Ohio set the age of election at 12 but the court could still overrule a child. What the court is looking at now to consider a child's wishes, are in a shorthand way, the maturity and reasoning ability of the child. There is no specific age. A 10 year old may be one the court will listen to but a 14 year old may be found not to have the capability to do so. Still, the final decision rests with the judge.

Q. can i have my child support reduced in state of ohio once the mother has gotten married and has to household incomes?: 26 November 2014; A: It's possible. You need to look at the deviation statute. It's a difficult area and I would recommend consulting an attorney on this one.

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