The person pays the mother monthly with a portion of their paycheck even when they don't get to see the child, there is no existing child support order due the fact of paternity not being established as of yet.
answered on Dec 7, 2023
Under these facts no one is going to jail. If there is no order, there is no arrears. If there is a pending case, the Court may award arrears, however, the obligor will have an opportunity to pay back them back over time. Seeing the child is a separate matter from whether one must pay support.... View More 
A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More
answered on Nov 29, 2023
If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More
He hasn't been served due to false address and no job on file for years. $30K behind
answered on Nov 11, 2023
If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right... View More
My son's dad and I have a custody agreement where he has physical custody and some things were said. The girlfriend of my son's dad said we're going to get me for defamation of character Because my son said something to me and I didn't tell them that he told me. Now they're... View More
answered on Oct 30, 2023
Your rights and responsibilities should be spelled out in your parenting plan and/or Order setting out your custody agreement. I doubt it contains an ability of one parent to cut off communications from the child to the other parent. More likely, it contains a right of the child to have frequent... View More
I have full rights. They have no rights to her as far as guardianship goes. I do not live with them as we do not get along or see eye to eye so I live in Vandalia. But now I cannot contact my child and I am very scared.
answered on Oct 27, 2023
That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.
Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More
answered on Oct 18, 2023
If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More
answered on Oct 6, 2023
A dismissal and a refile on an ex parte motion will not look good, but proceeding on a factually insufficient or incorrect motion will look worse.
My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life
answered on Oct 1, 2023
First, this is a very difficult situation to be in as a mother, and I want to commend you for asking a legal forum before taking action. Second, "abandonment" in Ohio is governed by Ohio Revised Code 3127, which says that a parent who fails to maintain contact with the child for 90 days... View More
Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More
answered on Sep 14, 2023
The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More
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answered on Aug 28, 2023
If you are facing a divorce and cannot afford an attorney, there are resources available to help you navigate the legal process. Many states have legal aid organizations that offer free or low-cost assistance to individuals who meet certain income criteria. These organizations can provide guidance... View More
My ex is active duty Army, and stationed in GA. Although we have a shared parenting plan, I have our children 90% of the time. Between school, sports, and extracurriculars working part time is hard enough. I worked part time for the entirety of our marriage (10 years), so that I could still parent... View More
answered on Aug 23, 2023
It is certainly possible for a court to impute income. It is at the court's discretion. You make compelling arguments as to the limits on your availability. There are many factors that can be considered by the Court.
In Ohio, child support is determined following state guidelines... View More
I have the necessary information (tax returns) to prove he is lying about his income. He has actually lied in all three affidavits. This is for a child support modification in Lorain County, Oh.
They have dragged this out for almost 6 years. I am now representing myself because I can no... View More
answered on Aug 21, 2023
You will need documentation to prove he lied. Then you will need to cross examine him regarding the questions he lied about , get him to confirm his affidavit answers then produce the conflicting documentation (assuming that you lay down appropriate foundation and can authenticate the exhibits.... View More
My 18 year old, who is not currently enrolled in school and has not graduated is looking at moving in with her boyfriend's family. The boyfriend's mother wants to enroll her in school. Can that mother (not me, her custodial parent) petition for child support that I had been receiving... View More
answered on Aug 17, 2023
Typically child support follows the child. However this only occurs when the court recognizes a transfer of custody. Are you consenting to a change of legal custody?
She turned 18 and graduated high school. She plans joining the military and has a job. The case was transferred to Tennessee and now Ohio where I live. Legal age here is 18 but since the order originated in PR the court is going by the 21 legal age.
answered on Aug 9, 2023
The Court and CSEA must follow the language in the latest support Order. You may file a motion to terminate support based on your daughter's emancipation once she is sworn into her enlistment. The court will then arguably have authority to rule on the matter. This is no guarantee but your... View More
On June 5th 2023, the plantiff challenged DNA on two children he signed the birth certificate for so he can stall on paying child support. He was given 14 days to initiate the test and I have called and called and it's been well over 14 days and LabCorp hasn't ever heard from him. What... View More
answered on Jul 16, 2023
Please remember that this forum is no substitute for hiring an attorney of your own. If you do not have an attorney I strongly urge that you get one, especially if you're divorce has been going on for 2 years. If you do have an attorney please pay attention to the advice that you receive.... View More
I have a daughter who is 18 months old. Her biological father is on the birth certificate but has not done Anything for her in over 6 months. Can I file for abandonment and have him removed from the birth certificate and his rights revoked? He is on child support and has not paid one payment. I... View More
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answered on Jul 25, 2023
If you are unmarried, he already has no rights. Ohio law does not provide for any custody or visitation for an unmarried father absent a court order. You don't have to do anything.
If you would like to strip him of any parental rights, the only way to do that is through a stepparent... View More
My aunt is a CPS supervisor here in Franklin County, and she offered to help me with my children until my youngest child was raised in at about 10 months. I was talking to her about getting my kids back and she was telling me that I was doing good and there’s not in the other and then oddly I get... View More
answered on Jun 24, 2023
Sadly. It sounds like the critical decisions were made 4 years ago. That is well outside the 30 day time-line for appeal. As mother you can always file for a change of legal custody of you can show a change of circumstances of either the child or the child's caregiver.
Lawyer has not responded back to me since April mother and her partner have history of child abuse even both getting kids taken away before. Broke into home we had together lied about stealing my items then later admitting to both lawyers she has it also made false domestic violence claims causing... View More
answered on Jun 19, 2023
I am not sure I see an actual question here. Often a loosing party feels like they would have won if the Court only knew that the other side lied about something. While witness credibility is important, courts consider many non-exclusive factors when determining the best interests of a child.... View More
answered on Jun 6, 2023
It will require a revision to your support calculation and a deviation to a $0.00 support order
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answered on Jun 6, 2023
No. If you and the father agree, however, you can deviate the total amount of child support owed to zero dollars.
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