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Minimum Amount Of Child Support

Is there a minimum amount of child support that a court must order?  Yes, there is.  Courts usually order guideline support, which is the amount of support calculated under the child support guidelines.  However, Ohio Revised Code 3119.06 (R.C. 3119.06) requires the court to order a minimum child support order of $50 per month.  If the person is not working and receiving needs-based assistance, then, while the arrearages accrue, the obligation to pay child support is suspended as long as the person is complying with a seek-work order.   Even though the statute says that is the lowest amount, is it?  No.  Ohio law also allows the court to order one to pay less than $50 per month or not require any child support if the parent ordered to pay has a medically verified or documented physical or mental disability or institutionalization for mental illness.   (more…)

Courts Impute Income For Child Support

Courts impute income for child support.  This means that the court will determine that you should make a certain amount of income even if you do not.  How does the court do that?  The court considers employment history, education, physical and mental disabilities, availability of employment in the area, typical wages in the area, skills and training, whether the person has the ability to earn the imputed income, the age and special needs of the child, and experience in the field.  Basically, the court will impute income if a parent voluntarily reduces income or loses a job.  If the income loss or reduction was involuntary and the person cannot easily obtain another job at the same income level, then the court may accept the person’s current income level for child support purposes.   (more…)

What Do Those Words In My Child Support Order Mean?

There are a lot of technical terms in a child support order that can lead a parent to ask, “What do those words in my child support order mean?”   Ohio Revised Code 3119.01 (R.C. 3119.01) defines a substantial number of these terms.  Lets take a look at some of the terms.   Obligee means the person who is entitled to receive the support payments under a support order.   Obligor means the person who is required to pay support under a support order.   Extraordinary medical expenses means any uninsured medical expenses incurred for a child during a calendar year that exceed one hundred dollars.   (more…)

Medina County Legal Custody Attorney

What does a Medina County legal custody attorney do?  In Ohio, it is usually a request from the court to “allocate parental rights and responsibilities” or when modifying an existing custody order, “reallocate parental rights and responsibilities.”  If a parent is granted custody in a divorce, dissolution, annulment, legal separation or parentage case, that parent is named the residential parent and legal custodian of the child.  If shared parenting is granted, both parents are the residential parents, but one will be the residential parent for school purposes, which means the child will go to school in the district in which that parent resides.  Shared parenting does not necessarily mean equal time or support, but simply means that both parents share equal responsibilities. (more…)

Grounds For Divorce in Ohio

What are the grounds for divorce in Ohio?  Wait, you may have heard that Ohio is a no-fault divorce state.  Ohio does have no fault-grounds, but you still have to prove grounds if you want a divorce and your spouse does not.  If your spouse does not want the divorce, they may be able to stop you.
Ohio Revised Code 3105.01 (R.C. 3105.01) and Ohio Revised Code 3105.17 (R.C. 3105.17) set forth the grounds for divorce.
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More Problems From Online Legal Document Services

I have been hearing more problems from online legal document services.  It is bad enough that there are instances of such documents being thrown out by courts.  See my blog and links to such instances:
Should you use online legal document services?
http://www.floridasupremecourt.org/decisions/2014/sc11-2147.pdf
http://www.flascblog.com/e-zer-said-than-done-court-considers-will-prepared-with-commercially-available-form/
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Custody Rights Of An Unmarried Mother

What are the custody rights of an unmarried mother?  Ohio law provides a number of direct answers to this question.  Ohio Revised Code 3109.042 (R.C. 3109.042) answers that question: “An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.”  This means that, unless a court has ruled otherwise, an unmarried mother is the sole legal custodian of her child, giving her the right to make decisions for her child. (more…)

What Is A Legal Custodian In Ohio?

What is a legal custodian in Ohio?  There are a number of sources that explain this term.  Essentially, this is the person with the rights and obligations to care for a child.  Ohio law provides further guidance:

Legal Custodian In Ohio Definitions  

  The Ohio Administrative Code defines “custodian” as “a person having legal custody of a child or a PCSA, PCPA, or Title IV-E agency that has permanent, temporary, or legal custody of a child.”  The code also defines “legal custody” to mean “a legal status vesting in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities.”  Finally, the code also says that an “individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.” (more…)

Sharon Township Divorce Attorney

A Sharon Township Divorce Attorney files divorces in Medina County Domestic Relations Court.  When one or both spouses are residents of Sharon Township, this is where the divorce complaint should be filed.  Upon request, the magistrate issues temporary orders for issues such as child custody, parenting time, child support, spousal support, and exclusive use of real and personal property.  Temporary Restraining orders are automatically issued in divorce cases.  The final hearing in a divorce case is usually set approximately one year from the date of filing.  This gives the parties time to conduct discovery and negotiate the issues. (more…)

Sharon Township Criminal Defense Attorney

A Sharon Township criminal defense attorney in Medina County defends persons accused of committing crimes in Sharon Township.  A Sharon Township criminal defense attorney is available to provide a defense for traffic, misdemeanor and felony cases, including, but not limited to, DUI, speeding, manufacture of drugs, robbery, and burglary.  Hiring a Sharon Township criminal defense attorney gives you access to the justice system and your opportunity to present your case.
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Canal Fulton Criminal Defense Attorney

One accused of a crime in Canal Fulton needs a Canal Fulton criminal defense attorney.  A Canal Fulton criminal defense lawyer can provide a defense for numerous criminal cases, such as felony cases, misdemeanor cases, and traffic cases, such as aggravated robbery, sexual imposition, disorderly conduct and OVI.

Canal Fulton Criminal Defense Attorney Represents Clients In Stark County Courts

  Misdemeanors that are alleged to have been committed in Canal Fulton are heard in Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Felonies taking place in Canal Fulton or anywhere in Stark County are heard in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Juveniles accused of crimes in Canal Fulton or anywhere in Stark County will have their cases heard in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702. (more…)

Sharon Center Criminal Defense Attorney

Sharon Center crimes should be defended by a Sharon Center criminal defense attorney, who is available to provide a defense for traffic, misdemeanor and felony cases.  These cases can include OVI, driving under suspension, speeding, possession of drugs, trafficking in drugs and felony theft.
What court hears a crime alleged to have been committed Sharon Center?  If it is a misdemeanor, it is heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  The Wadsworth Municipal Court also hears cases from the following communities: Wadsworth, Gloria Glens, Lodi, Seville, Westfield Center, Guilford Township, Harrisville Township, Homer Township, Wadsworth Township, and Westfield Township.  Felony cases may start in the Wadsworth Municipal Court, but they are ultimately handled by one of the two general division judges in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases in Sharon Center are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256.  The Medina County Court of Common Pleas or Medina County Juvenile Court hear cases occurring anywhere in Medina County. (more…)

Sharon Center Divorce Attorney

A divorce case when one or both spouses are Sharon Center residents should be filed in the Medina County Domestic Relations Court.  This court is located in the historic courthouse on Public Square.  The services of a Sharon Center divorce attorney can help ensure that the correct initial paperwork is complete.  Immediately upon filing of the divorce complaint, the domestic relations court issues restraining orders prohibiting the parties from withdrawing money from retirement accounts, selling marital assets, among other things.  Many people need the assistance of temporary orders, which require a written motion for temporary orders before the court will issue them.  The court will usually issue temporary orders upon request, temporarily resolving issues of child custody, parenting time, support and other issues. (more…)

Massillon Criminal Defense Attorney

Someone who is accused of a crime in Massillon or within the Massillon Municipal Court’s jurisdiction needs a Massillon criminal defense attorney.  A Massillon criminal defense lawyer can provide a defense for numerous criminal cases, such as traffic, misdemeanors, and felonies.  Some examples are DUI, domestic violence, theft, sex crimes, and trafficking in drugs.  When facing jail time or prison time, you need an experienced and aggressive Massillon criminal defense attorney on your side. (more…)

Lodi Divorce Attorney

A divorce case when both spouses are Lodi residents is filed in the Medina County Domestic Relations Court, located in the courthouse on Public Square.  The services of a Lodi divorce attorney can help ensure that the matter is properly filed and pursued.  Filing the divorce results in immediate restraining orders prohibiting the parties from withdrawing money from retirement accounts, selling marital assets, among other things.  The filing often includes a request for temporary orders.  Unless there is a good reason not to do so, the court will issue temporary orders upon such a request, temporarily resolving issues of child custody, parenting time with the children, child support, spousal support, exclusive use of the marital residence, and exclusive use of the vehicles. (more…)

Everything You Wanted To Know About Child Support

Everything you wanted to know about child support but were afraid to ask is right here.  Just about.  Putting everything in would fill books.  Maybe, this should be called a quick look at what you need to know about child support. Anyway, here goes.
If a child’s parents are separated from each other, chances are that a child support order is either in place or can be put in place.  Child support may also be ordered when the parents are in divorce, dissolution of marriage, paternity and legal separation cases.  A child support award can originate or be modified through the county’s Child Support Enforcement Agency (CSEA), domestic relations court or juvenile court.  In Medina County, child support is usually awarded in the Medina County Domestic Relations Court.  Summit County is the same, as it also has moved all of its parentage and/or paternity cases to the Summit County Domestic Relations Court.   A Summit County attorney or Medina County attorney would file for child support in domestic relations court, regardless of whether the case was a dissolution, divorce or paternity action.  However, Wayne County has not moved its parentage and/or paternity cases to domestic relations court.  A Wayne County attorney would file for child support in Wayne County Juvenile Court in a paternity action.  That same Wayne County attorney would still file for child support in Wayne County Domestic Relations Court in a divorce or dissolution. (more…)

Brunswick Divorce Attorney

When one or more spouses or parents reside in Brunswick, Ohio, that person may need the services of a Brunswick divorce attorney for divorce, dissolution, post-decree motions, paternity suit, child custody, child support, and civil protection orders.  A skilled attorney can ensure that the evidence supporting your position is heard by the court, while exposing the weaknesses of the opposing side's case
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Doylestown Ohio Criminal Defense Attorney

Someone who is charged with a crime in Doylestown, Ohio, needs a Doylestown criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as felony theft, vandalism, disorderly conduct, and OVIs.

Doylestown Criminal Defense Attorney Handles Misdemeanors

If the crime is alleged to have been committed in Doylestown, Ohio, misdemeanor offenses will be handled by the Wayne County Municipal Court, starting with the arraignment and bond hearing. Pre-trials are set by the court.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will proceed to sentencing. (more…)

Westfield Center Criminal Defense Attorney

Someone who is accused of a crime in Westfield Center, Ohio, needs a Westfield Center criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as trafficking in drugs, automobile theft, assault, and DUIs.
Misdemeanors are heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felony cases can start in the Wadsworth Municipal Court, but any trial would occur in the Medina County Court of Common Pleas.  Juvenile cases are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256. (more…)

Seville Criminal Defense Attorney

Someone who is accused of a crime in Seville, Ohio, needs a Seville criminal defense attorney in Medina County, who is available to provide defense for a variety of criminal cases, from traffic to misdemeanors and felonies.
If the crime is alleged to have been committed in Seville, Ohio, misdemeanor offenses will be handled by the Wadsworth Municipal Court, starting with the arraignment and bond hearing. Pre-trials are not set by the court, but can be privately arranged between the criminal defense attorney and the prosecutor.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will order a pre-sentence investigation (PSI) prior to sentencing, unless it is a minor offense such as a minor misdemeanor. (more…)

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