Filing Dissolution Papers For Incarcerated Fiance
Summary
To file dissolution papers on behalf of an incarcerated fiance in ohio, you need a power of attorney (poa) that specifically grants you the authority to make legal decisions and file legal documents. In ohio, a specific clause must be included in the poa to allow for filing of legal documents. Once you have the necessary authority, you can file the papers at the appropriate court, serve them to the spouse, and proceed with the dissolution process. Its also important to consider any child support obligations and inform the ohio child support payment central about the incarceration.Full Conversation
My fiance is incarcerated and ive got his legal POA and im trying to help him get a dissolution, his wife and him have been living apart for * some years and no minor children, no assets nothing together. Can i just file papers on his behalf?
Does your Power of Attorney (POA) specifically grant you the authority to make legal decisions and file legal documents on his behalf?
Im not sure its just a basic POA
What does the POA document specifically state about your authority? In Ohio, a general POA may not grant the right to make legal decisions unless explicitly stated.
Ok let me check
While you're checking, it's important to note that in Ohio, a specific clause must be included in the POA to allow for filing of legal documents.
It states i can make medical, legal, and financial matters
Based on your POA, you can file legal documents on his behalf. For dissolution in Ohio:
- Both parties must agree on all matters.
- File a joint petition for dissolution.
- Nearest court: Franklin County Court of Common Pleas, *-*-*.
- Both parties must agree on all matters.
- File a joint petition for dissolution.
- Nearest court: Franklin County Court of Common Pleas, *-*-*.
Im in newark ohio
The nearest court to you in Newark, Ohio is the Licking County Common Pleas Court. Their contact number is (*) *-*.
I have the forms and filled out just need to file at common pleas court
Great! You can file the forms at the Licking County Common Pleas Court. Their address is * Courthouse Square, Newark, OH *.
Ok will they send them to his wife
In Ohio, the court doesn't send the dissolution papers. You or your attorney must serve the papers to his wife.
Ok so i can file them and then send them
Yes, after filing the papers at the court, you'll need to serve them to his wife. In Ohio, this can be done via certified mail or personal service.
Ok thank you
You're welcome, ****. If you have any more questions in the future, feel free to ask. Good luck with your case.
Thank you
You're welcome, ****. If you need further assistance, don't hesitate to contact us. Good luck with everything.
Yes maybe he has back child support he was paying where does that fit in
What is the current status of his child support payments?
In Ohio, child support obligations typically continue during incarceration. Non-payment can lead to penalties.
In Ohio, child support obligations typically continue during incarceration. Non-payment can lead to penalties.
Not sure he cant pay them hes in prison
What is the total amount of back child support owed? In Ohio, child support obligations continue during incarceration. Non-payment can lead to penalties.
Not sure
In Ohio, child support arrears don't disappear. It's important to contact the Ohio Child Support Payment Central at *-*-*-* to discuss the situation.
So i should tell them he is incarcerated
Yes, informing Ohio Child Support Payment Central about his incarceration can help in possibly modifying the support order. Their contact is *-*-*-*.
Ok how does that affect me
As his fiancee, his child support arrears won't directly affect you unless you choose to help him pay. However, it could impact your finances if you marry and combine assets.
Ok
Are you planning to combine assets after marriage?
Explanation: In Ohio, a spouse's separate property can be used to satisfy child support arrears.
Explanation: In Ohio, a spouse's separate property can be used to satisfy child support arrears.
I wondered
What specific concerns do you have about combining assets after marriage?
There are really no assets right now on his behalf he has been incarcerated for 1 year
Are you aware of any potential assets or income he might receive in the future, such as inheritance or employment?
No
What is your plan regarding his child support arrears once he is released from prison?
He will probably have to pay it
That's correct. In Ohio, child support arrears don't disappear even after incarceration. He will likely need to continue payments upon release.
Yes that was my thought do i need to put that in a letter to the wife on his behalf
What is the purpose of the letter you're planning to write to his ex-wife?
Ok so that is a no
What is the content you're considering for the letter to his ex-wife?
Ok will the child support let her know
Yes, the Ohio Child Support Payment Central will notify her about the changes in his payment status. It's important to keep all parties informed.
The situation i mean
What specific situation are you referring to that you want the Ohio Child Support Payment Central to inform his ex-wife about?
Him being incarcerated
Yes, it's important to inform the Ohio Child Support Payment Central about his incarceration. They can then notify his ex-wife about the changes in his payment status.
Ok thank you
You're welcome! If you have any more questions in the future, feel free to ask. Remember, it's important to keep all parties informed about changes in circumstances.