Kelly A Rochotte

Kelly Rochotte is a real estate and family law practitioner in Cleveland, Ohio. She focuses on assisting clients in navigating the judicial system with strength, diligence, and compassion.

University of Toledo College of Law

J.D. (2022) | Law

2018 - 2022

Honors: Trial Practice Honors, 2022 Moot Court Beijing, 2020

University of Toledo

M.A. (2012) | English, Literary Studies

2010 - 2012

Indiana University of Pennsylvania

B.S. (2008) | English, Literature

2004 - 2008

Attorney, Civil Litigation, Real Estate, Family Law

Vargas Law Co., LPA

2023 - Current

Attorney

N.P. Weiss Law

2023 - 2023

Litigation Paralegal, Real Estate and Civil Litigation

N.P. Weiss Law

2020 - 2023

Litigation Paralegal, Family, Civil, and Criminal Law

Shindler Neff, LLP

2015 - 2020

Federal Bar Association

Member

Current

State Bar of Ohio  # 0102943

Member

2023 - Current

Cleveland Metropolitan Bar Associatiom

Member, Ethics and Professionalism Committee

2022 - Current

Ohio

Supreme Court of Ohio Office of Attorney Services

ID Number: 0102943

Since 2023

• Free Consultation
  Free consultations offered for real estate and foreclosure matters.
• Credit Cards Accepted

Q. As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

January 28, 2024

A: First, the state isn't going to be the one holding you in contempt, your ex-spouse would be the one bringing a contempt action to enforce the terms of your decree. Second, given that he is not exercising the requisite amount of time needed by the IRS in order to properly claim a minor child, he would have the burden of proof if he brought an action against you. The safest course of action would be to move for a modification of the decree to grant you the ability to claim the child each year, so that your decree effectively matches the reality of your situation. Otherwise, you may want to get something in writing from him if possible agreeing to allow you to claim the children and avoid a contempt action in the future. He could and should execute IRS form 8832 for this exemption. ... Read More

Q. Can I get copies of CPS investigations and records from my childhood in Pennsylvania, Ohio, and South Carolina? How?

January 28, 2024

A: You may contact them directly and request the relevant county's general process. You are entitled to the records that concern you, but you may be required to execute an authorization, which will look different depending on the state and county where the investigation(s) took place. Some counties may have restrictions on the length of time in which the file is available. You may have trouble obtaining them overall unless they are needed for a defined legal purpose.

Q. How long does a judge have to complete a journal entry or judgement entry on the child support order case?

January 23, 2024

A: Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that decision. A judge may then adopt either all or part of the magistrate's decision. You will find more information about the juvenile order process in the Ohio Juvenile Rules, specifically Rule 40. You can find that here: https://casetext.com/rule/ohio-court-rules/ohio-rules-of-juvenile-procedure/rule-40-magistrates