Claimed Lawyer ProfileQ&A
RODRIGUEZ & PORTER, Ltd.
- Criminal Law
- Consumer Law
- Appeals & Appellate
- Juvenile Law
- Immigration Law
- Family Law
- Free Consultation
Not all types of cases receive a free consultation - Be sure to ask when you call
- Credit Cards Accepted
- Contingent Fees
- Rates, Retainers and Additional Information
Rates can be hourly, monthly, flat fee, or contingent
Jurisdictions Admitted to Practice
- Spanish: Spoken, Written
- Butler County Bar Association
- - Current
- Ohio State Bar Association
- - Current
Websites & Blogs
9 Questions Answered
- Q. If a property has been under contract for over two months can another party make an offer on the same property
- A: Anyone can always make an offer, and the seller could even accept their offer while yours is pending. However, if all the conditions of the contract have been fulfilled, or in a house/condo sale, are in the process of being fulfilled, then the seller would likely be liable to you for money damages if he sold it to someone else. Some courts may, if they find the contract valid and that the seller breached it, enforce the contract and force the seller to sell it to you - this remedy is much rarer though.
- Q. Im a convicted felon from 2000, since then I havent been in any trouble, is there a way i can get it of my record
- A: Yes. Ohio has a very broad expungement statute. Depending upon the dates you finished your sentence and the degree of crime it is, you may be eligible to have the crime expunged.
- Q. A tow truck company came in towed my truck from my driveway without my permission
- A: It was probably repossessed then. Call the tow truck company and find out why they towed it. If you owed money to someone for the truck, and you fell behind on payments, then they have the right to come and take the truck back. If you are current on all your payments, then find an attorney because either the tow truck company or the lien holder is liable for certain torts, i.e., conversion, wrongful repossession, etc.
- Q. I own a company in ohio, a customer slandered my company on Craigslist, can I void his warranty?
- A: Probably not, without be liable to him for a breach of the warranty. Your proper recourse would be to hire an attorney to sue him for slander. The warranty and the slander probably have no connection whatsoever.
- Q. How can I get the back child support that is owed to me?
- A: Call your county Child Support Enforcement agency. Or, hire an attorney to file a contempt action. However, if he simply does not have the money, there isn't really much you can do to recover it.
- Q. Pay support for 18 yr daughter recently was released from school for absences and will not graduate. Does support stop?
- A: Child support in Ohio usually stops when a child reaches the age of 18 and ceases being a full-time student, or reaches the age of 19, regardless of their school status. However, if your child support obligation is the result of a divorce or shared parenting plan, then whatever is written in the decree or plan would control. Additionally, a child who is not independent will require support beyond the age of 18.
- Q. How do you file for child visitation rights?
- A: If you have "standing" to file for Child Visitation rights, usually meaning that you have some sort of familial relationship with the child, you simply need to go down to your county Juvenile Court and file what is called a "Complaint for Parenting Time/Visitation."
- Q. Alimony
- A: To modify a spousal support (Ohio calls alimony spousal support) award in a divorce decree, there are a minimum of two threshold requirements: 1) the decree or separation agreement must specifically have made mention that the court would have continuing jurisdiction over the spousal support or the power to modify it, and 2) that the circumstances of either party have changed to justify a modification of the award. A change in wages or salary is considered a change in circumstances. However, the Ohio Supreme Court has held that the change must be a "substantial" change. What this means: You need to look at your separation agreement/decree to see if mentions anything about the Court having continuing jurisdiction over the spousal support. If so, you need to contact an Ohio attorney to evaluate whether or not the change in income rises to the level of being a significant enough change to justify modifying the spousal support award. If you meet the above requirements, you would file in Ohio.
- Q. I need to get a divorce form a person that I havent lived with in 8 years, what do I need to do to get this done?
- A: If you have lived in Ohio for the past 6 months, and are currently residing in Ohio now, then you simply need to go down to your County's Common Pleas courthouse and file a Complaint for Divorce. One ground for divorce in Ohio is "living separate and apart" for a year; so, you have grounds for a divorce in Ohio. I hope you know her whereabouts now though. If you do not, then service will be an issue and may take a long time if you are forced to do service by publication. You should contact an attorney.
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