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In Ohio that child would be considered his, legally. I think though, if he were to get a DNA test that proved otherwise he could fight it. Who did she put on the birth certificate?

I don't know if you will still be looking at this- since it has been a while since you posted it- but there are a couple of things you need to keep in mind.

Ohio is a combined incomes state- so anything that is deducted...is good. The deduction is equal to the federal tax exemption (3300) minus any child support recieved for that child. Bm in our case has 2 other kids with her- so that 's 6600 off of her total income- however she recieves $400 a month in child support- so total that yearly and subtract it from 6600 and that's her deduction. It benefits you that she has deductions from her income- because it lowers the total amount that child support is figured on.

Insurance. This cost is only deducted if the biological parent is paying it. They will not give him a credit for paying it if YOU are paying it out of your check. The only way to get the credit is to take a stack of cancelled checks to court that show that he reimburses you for SD's portion of the insurance- or that he pays the insurance company directly for her part.

I woul go ahead and go backa nd get it adjusted...can't hurt to try.

I'm pretty sure the dad can't "make" her do anything if the mom has custody and is allowing her to stay. I would do an agreement with the mother and file it with the court. It would be the cost of the filing. If the dad has shown no interest in having custody in 4 months, I think you have a fairly good chance.

The issue is- if the mother is giving up custody (in a sense)- the court is going to want her to go to the father first- since I'm sure he has court ordered parenting time with her.....

I don't know if there is a way aorund this without an attorney if he fights it.

Sometimes I think they do a 'certificate of mailing'- then it proves they sent it- and that's all they can do.

How about the mom and the child for the last however many years- were they able to live off the 'nothing' that he was paying to support them? I just don't feel sorry for someone who very well KNEW they had an order and just didn't pay it. Just because they aren't actively coming after you, doesn't mean you don't owe it. It's not as if paying $500 a month was overparying by any means- yes, it was a hit to his pocket- but think of all the diapers, wipes, winter coats, medical co-pays, food, water, electric, clothing, shoes-medicine..that he didn't help to pay for all of these years- quite frankly- I think they were being kind at only ordering a $500 a month payment. They should also be taking all of his tax money and any lump sums he receives. SIOunds like he needs a 2nd job.

I guess I don't understand how they can order a minor to pay that much child support when they can't actually order that minor to hold a job- since he would have still been the responsibility of his parents- or the state....none-the less...they did and from the moment he turned 18 onward- he should have been working to pay that money, he knew that he owed it. I don't undestand why he feel he should be excused from it now...the child still exists.

Mist-
I'm afraid you're wrong here. I do agree with a lot of what you say- but this thing about no retroactive changes is just not correct. If the court sees that this person has NOT been actually paying for child care and there is a specific order for payment of child care...then the CP is wrong here. She should have notified the court and the other parent when there was a substantial change in circumstances (i.e.: NCP is paying for child care that doesn't exist).....this judge will go back and change things- the judge will likely just credit the overpayment to CS and the NCP will be ahead by that amount.

My DH's ordered amount was cut in half and they went back tot he date he filed. Unfortunately- due to a period of unemployment- he had a great deal of arrears built up- so all of the over payment went toward that. We went from owing $4K in arrears to $700. If he hadn't had arrears, he would have just been ahead by $3300 I suppose. We are ahead right now by $300...we aren't going to get a check for that amount- it will just cut off the child support a month early or whatever- when it's time for the order to end.

My guess- your support will just end earlier than it would have- because you are ahead.

She won't be getting any state assistance- she makes too much money for that. I told my husband we need to get it notarized- but he seems to think that really wouldn't make a difference.

In Ohio- once your child support case is adjudicated (like ours is)- you must go to court to have it modified. I know she doesn't have the money to hire an attorney- but I wonder if she couldn't just come to a place like this and figure out how to do it without one.

I don't know- if she opens that can of worms- I suppose we'll just be screwed....what's the right answer here, though?

In 2004 my DH took BM to court for a CS modification. The judge ordered both parties to submit financial information- DH did- BM refused. The modification came through with a 50% reduction in the CS (BM voluntarily quit a $40,000 a year job)- and the judge ordered that my DH had the right to claim child as a tax deduction (as long as he was less than 30 days behind on CS.
In 2004 we were slightly more than 1 month behind on 12/31, so we didn't claim her. In 2005 we were only $200 behind and intended to claim her, however BM threw a fit and wouldn't cooperate with giving us the child's correct SSN. So my DH and I decided that we would agree to her claiming child, so long an she "signed off" on all of the CS arrears ( my DH was unemployed at the time and they had started to rack up again). She did so (after a couple of months, of course) and since then we have over paid the support by more than $400 and it has been a big mess.
Fast forward to yesterday. BM and DH had a meeting at child's school. Afterward BM starts begging DH to let her claim child as a deduction. He tells her she should have been claiming 1 or 0 all year (she says she will owe $1500 if she claims single)...she cries that she couldn't afford it, blah,blah,blah...anyway- he tells her that he will discuss it with me and get back to her.
Here's my dilema. He says that he will break a deal with her- so long as she agrees to not go for any more CS modifications- he will sign the form for her to claim the child on taxes. I know they can't really legally enter into that kind of agreement- but do you thinnk if we should even try? I don't mind her claiming child- we have two children at home and we get to claim OSD every other year- so it's not that bad......but are we being fools?
I know she doesn't have the money for an attorney and if she stays at her current job- she never will. The most she would ever have the potential of earning in her area is probably $12-13/hr and that doesn't go far toward getting an attorney.
My thought is- if we went to court today- she would get the right to claim the child back- so it is technically the right thing to do- plus- what can she say to us after we do her this kind of favor?
I told my DH to break the CS situation down to her like this...
We pay $300 a month now. If you claim her on taxes you will likely get about $2400 back- broken down that's $200 a month- so you are, in reality getting $500 a month in child support when we let you claim her. Does that sound like a reasonable argument? (She actually can be very reasonable when she wants to be).
Tell me if I'm nuts....