Michael Spillane

Cincinnati, Ohio –  AssociateMichael Spillane

Phone: (513) 771-2444
Fax: (513) 771-2447
Email: MSpillane@cmrs-law.com

Areas of Practice:

  • Commercial and Residential Landlord/Tenant Law
  • Ohio Consumer Sales Practices Act Litigation
  • 3rd Party Debt Collection Defense
  • Fair Debt Collection Practices Act Litigation
  • Divorce/Dissolutions
  • Paternity/Custody/Support actions
  • Custody/Support Modifications
  • Motions for Contempt
  • Orders of Protection
  • General Civil Litigation

Articles

Determining Your Child’s Home State

Landlord/Tenant Law

More than most other areas of law, Landlord/Tenant law is inundated with urban legends and myths. It is important that you have an experienced attorney that can guide you through the process in order to protect your rights. Mike represents both Landlords and Tenants in a variety of services including evictions, lease disputes, and reviews of both residential and commercial leases. If you are in a position that you believe your rights are being violated under a lease, it is important that you speak with an attorney first before taking any action. One wrong step could end up costing you your case.

For more information and to track changes in Landlord/Tenant law, please visit my blog at cincyhousinglaw.com.

Ohio Consumer Sales Practices Act Litigation

Do you believe a contractor or a business has taken advantage of you? You have options under Ohio Law. It is illegal for a business to use false or deceptive trade practices in selling a service to a consumer. This can range from false advertising to failing to complete work on your home in a workman like manner. Further, the statute provides for your damages to be tripled, a fine up to $5000.00 and payment of your attorney fees. If you have been taken advantage of, please contact Mike today for a free consultation about your rights under the Consumer Sales Practice Act.

3rd Party Debt Collection Defense

Individuals that are facing a law suit for failure to pay a credit card believe they have no option but to consent to judgment. This is simply not true. Most of these companies have no relation to your original credit card company other than buying a spreadsheet with your name and address on it for pennies on the dollar of what you owe. Their business model depends on filing thousands of lawsuits and seeing what sticks. Often their records are inaccurate and they lack the ability to obtain any of the paperwork required to prove their claim against you. Instead these companies try to intimidate you into consenting to judgment or use your lack of expertise with the court system to win on technicalities. Michael has years of experience in challenging claims by these 3rd party debt collectors. If you are being sued by a debt collector, please contact my office to set up a consultation right away, there are time frames that must be met in order to protect yourself.

Divorce/Dissolution

The end of a relationship is a trying time in anyone’s life, and it is only further complicated by the cloud of uncertainty that exists around how you will share time with the children, what will happen to your property, and how are the marital bills going to be paid. It is crucial that you have an advocate on your side that can explain the process and ensure that you are protected in working out all of these issues.  Michael works closely with each client to resolve their case, if possible, in a cordial and collaborative manner with their spouse, but also possesses the experience to try the case if a settlement is not possible.

Paternity Actions

The issues of child custody and support are always complicated, but they are even more so when the child is born outside of a marriage. Parents to children born out of wedlock do not have the same built in protections that parents have in a divorce proceeding. It is important that you have an experienced attorney that can explain and enforce your rights concerning your children.  Michael works with both mothers and fathers to ensure that their opportunity to be a parent to their child is protected even when that child is born outside of marriage.

Custody/Support Modifications

No one can predict the future, and that includes the Judge that issued your original custody and support order. While the courts make their best effort to establish a long term plan for the custody and support of your children, it is impossible to plan for every contingency. Over the course of your children’s lives, either parent may experience numerous events that could make the original terms of the custody and support order impractical. Michael works with client’s to make sure their custody and support orders are fair and equitable under their current circumstances.

Motions for Contempt

When two parties reach an agreement in a dissolution action or the court makes an order in a divorce, it is always the hope that each party will follow the terms of the judgment. However, for a variety of reasons that is often not the case. When one party believes that the other has not followed the court’s order, the standard course of action is to file a motion for contempt. A motion for contempt is a serious allegation that could result in the imposition of fines or even prison time. Michael works with clients to enforce the terms of their judgment and also assists clients that need assistance in defending against a motion for contempt.

Orders of Protection

Domestic violence is a serious problem in our society and one that often goes unreported. Many victims feel as though they are stuck in the cycle of violence because they depend on the perpetrator for financial support, housing, and/or worry that the abuser will deny them custody with their children. An order of protection may be able to help you end the cycle of domestic violence. Michael has years of experience working with domestic violence victims and understands the complexity of their cases. He is able to walk them through the process and give them the support they need in getting out of their abusive relationship.

Bar Admissions:

  • Ohio, 2014
  • United States District Court, Southern District of Ohio, 2015
  • Missouri, 2011

Professional Presentations:

  • 2012 Missouri Bar Family Law Conference: Allegations of Domestic Violence in Dissolutions

Education:

  • Xavier University: B.S. 2007
  • University of Missouri, School of Law: J.D. 2011

Associations:

  • Member of the Ohio Bar
  • Member of the Cincinnati Bar Association
  • Member of the Missouri Bar