Ohio Child Support Legal Questions

You could potentially file a motion asking the court to waive the arrears. You would have a really difficult argument here because of the length of time at issue, but you could potentially prevail on the basis of the inequity of the original order. $1,000.00/month is an extremely high child support order.... Read More

Adelina, it would be best for you to contact a good attorney that can help you guys. It looks like a very complex case. And yes, if its ordered by a court and the bank information is available to them, they can deduct it from his bank account and even leave him with $100,000 negative balance, as it has happened to our previous clients. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read More

Adelina, your son can file a petition for visitation in court if there is no custody order established. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read More

When child support is calculated, your other childdren living with you, or your other children for which you actualy pay support are taken into account. The other parent's "other children" can also be taken into account, etc.  The other person's ability to work should be taken into account also but then implying that they have "income" may also result in implying that they have "work related child care."  See an attorney!... Read More

In Ohio there is no state law that requires parents to pay the college tuition of children.  The only exception to this is if there is a specific agreement among the parties which has been adopted by the court.  From what you have wrote it appears that the only agreement was that your ex-spouse was required to retain and contribute to the 529 plan.  I would recommend taking your decree and parenting plan to a local family law attorney and having them review it to ensure what your obligations are.   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

Parenting time is seperate from child support.  Just because he does not pay child support does not mean you are allowed to withhold his parenting timing.  If you end up withholding his parenting time he can also file a Motion to Show Cause (contempt) against you as well.    For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

Just so I ensure I am answering what you are asking.  My understanding is you have an order for child support and there is also a visitation order in place granting the child's father visitation rights.  I believe you are asking that if you state you are no longer seeking child support does not affect the father's visitation rights.  No, if you state you no longer seeking child support that will not affect whether or not the father has rights to visitation. One does not affect the other. The same is true if the father does not pay child support when he is order to.  For example, if the father is ordered to pay child support but does not pay, that does not allow the mother to withhold visitation from the father.  The proper course of action would be to file a contempt motion with the court for the father's failure to follow the court's order. For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

Without knowing more facts and just going off what you stated, it sounds a Motion to Show Cause was filed against you and you were found to be in contempt.  When you are found in contempt the judge is required to give you an opportunity to cure your contempt.  In this case, the way to cure the contempt is to pay the arrears of $4,600.  I would recommend you contact a local attorney. For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

When  calculating child support, the main numbers used are the incomes of the parents. However, the statutes provide that the income of the child and even the income of other members of the household may be "considered."  If your spouse has a child support calculation coming up, the court may be able to consider your income also, just as "another resource" available to your spouse in his household.  However, no matter what you make, the basic child support he will owe will not change or include your income in the calculation.  However, for instance if he wanted to deviate downward because of economic circumstances, the court would then look to see what all is available to his household. ... Read More

If the child and parent are in one state and the other potential parent is in another state, but wants to attempt to establish paternity, the local child support enforcement agency (in the state where either parent lives) should be contacted. The local agency will cooperate with the other parent's (or potential parent's) agency and arrange for the taking of genetic samples and the testing of the same from both adults and the child.... Read More

I do think that you have the changes of circumstances to have the support reviewed again.  One thing I would also do is ask for more child support due to the fact that the Father does NOT see the child or have the child with him (as much as implied when the child support is determined) and is NOT spending on the child the amount which the guidelines assume he will spend!... Read More

If your decree mentions nothing concerning "hardship" or "reasonable cost" or anything like that, then he is mandated to keep the child insured, period.  If he does not do that, you have a contempt action against him. However, as a defense to the contempt, he may plead that it is "impossible" for him to pay the premiums.... Read More

You probably had "findings of fact and conclusions of law" filed with the paperwork. That should have shown why he was paying no support and what he was going to do for the children.  File a motion for child support. Note that it was deviated but that he has not done what he said he would do. Ask for full child support this time. Consider filing a contempt action for the things he was supposed to do but didn't do.... Read More

You may be able to go back, but only if the father will agree to help with school. The courts do not have jursidiction to award expenses sharing for college, since the children will no longer be minors. However, if parents can agree to the payment of college expenses, the court will enforce that agreement if it has been included in the court's order or an amended order. Parents need to watch the exact wording of such an agreement though and provide for certain parameters defining their obligations-- parameters such as total cost, hours to be maintained by student, grade point averages to be maintained by the student, application of loan or scholarship proceeds, etc. ... Read More

When married parties separate, but neither party has filed for divorce or a legal separation, the juvenile court in the county where the children reside has jurisdiction to determine the custody and support of the minor children.  In other words, you do not have to file for divorce or legal separation in order to obtain a custody or child support order. If either party files for a legal separation or divorce at a later date, the juvenile court will continue to have exclusive jurisdiction to modify custody or support. If the party with possession of the minor children does not have the resources to pursue an action in court and is only seeking the establishment of child support, he or she has the option of going to the Child Support Enforcement Agency (CSEA) in his or her respective county and asking for the establishment of a child support order. However, CSEA will not be able to establish an order if juvenile court has already assumed jurisdiction regarding the custody and support of the minor children. This means that if juvenile court has already issued an order, CSEA cannot. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.... Read More