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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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My brother and s wife divorced in Eastlake, Ohio (Lake

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My brother and his wife divorced in Eastlake, Ohio (Lake County) earlier this year and she remarried a few days after the divorce went through. The lawyers came up with an agreement where she and their two children would stay in the house and she would keep up the mortgage and utilities payments. My brother paid child support. He moved into an apartment nearby. This one year period where she takes over the house, the house payment and the utilities ends in November 2016. After the divorce went through earlier this year she remarried. Last month she moved into her new husband’s home. She took the youngest son with her. The other son, my nephew, turned 18 in April and he still lives in the house. My brother still lives in his apartment. My brother’s ex has not kept up the mortgage payment and she has not kept up the utilities payments. She had the utility bills sent to my brother at his apartment. What we would like to know is if my brother can get an attorney involved who would help him get his chance at taking back the house, perhaps getting a re-fi and moving back in. All through their marriage he made the house payments and bought groceries. She was very financially irresponsible and even opened credit cards in his name (this was while they were still married), maxed them out and basically trashed his credit. So we would like to know what his options are with regards ***** ***** house.
I have one other question. So his ex gets remarried and she moves to her new husband’s house, in Parma, Ohio and takes their younger 10 year old son with her. She has an older son born out wedlock, who is now in his 20s. He was an infant when my brother married her. He lives in the basement at the new husband’s house. The 10 year old son, my nephew, is home alone most of the time now. Is leaving a child at that age home alone legal?
Submitted: 4 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 months ago.

What we would like to know is if my brother can get an attorney involved who would help him get his chance at taking back the house, perhaps getting a re-fi and moving back in. All through their marriage he made the house payments and bought groceries. She was very financially irresponsible and even opened credit cards in his name (this was while they were still married), maxed them out and basically trashed his credit. So we would like to know what his options are with regards ***** ***** house.

Response 1: Yes. Your brother should do so to ensure that the house is not taken over by the lender. Also, since she has not complied with the agreement.

I have one other question. So his ex gets remarried and she moves to her new husband’s house, in Parma, Ohio and takes their younger 10 year old son with her. She has an older son born out wedlock, who is now in his 20s. He was an infant when my brother married her. He lives in the basement at the new husband’s house. The 10 year old son, my nephew, is home alone most of the time now. Is leaving a child at that age home alone legal?

Response 2: No, it is not legal. She should be reported to CPS. In the alternative, your brother can speak with his ex-wife about relinquishing custody to him. If they agree, then they should file joint petition for modification of custody and child support to give him formal custody of the child and to terminate his child support obligation.

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