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Dear Socrateaser / Child Support
« on: Nov 29, 2006, 09:27:31 PM »
Feb. 2006 mom filed for child support increase. April 2006, dad filed for custody. Shared parenting was ordered in July 2006, with Dad ordered to pay mom $100 a month in child support. (CSEA's child support calculation had dad paying roughly $550 per month, it was deviated based on 50/50 time share)

Mom chooses not to work, and imputed her income at $7.70 per hour @ 20 hours per week...even though she has 2 associate degrees and CSEA recognized verbally that she could make $10+ per hour.

Since July, the parenting time share has been 60% dad, and 40% mom.  Neither parent is listed in the  parenting plan as the Primary Residential Parent. Mother is listed as primary for school districting purposes only (so the child wouldn't have to change schools for the 6th time in 5 years). Dad is listed as primary for all medical needs, such as physicals, dental and eye care.

Dad has paid roughly $400 out of pocket for medical since July. Mother has paid $0....even though CO'd to share costs. Mother has insurance on the child, which would eliminate out of pocket costs, but refuses to use it--even when attending appointments, will not hand receptionist the card. The child also desperately needs professional tutoring, as he is 2-3 years behind his peers in all subject areas (dad paid for professional assessment). Dad cannot afford to pay 100% for the tutoring, mom refuses to pay anything toward tutoring. (But could buy herself a new truck 3 days after the refusal) The full cost of tutoring would be $800 for 5 months through Sylvan.

Which would be the wiser decision?

1) Dad file contempt against mom for refusal to share medical costs & refusal to use the insurance.

2) Dad petition CSEA to end his child support to the mother, and request that mother become the obligor.

3) Leave it as it is and be thankful he has his child as much as he does.

4) Take some other action.

Dad desperately wants sole custody, but with pending deployment to Iraq in June, he's not likely to get it.

Dear Socrateaser / Is it worth fighting for?
« on: Nov 13, 2006, 06:54:25 PM »
I am writing for myself, but must include information on my husband to do so.

A bit of background. We are in Ohio. My husband just won 50/50 of his son in July based on the mother's home being detrimental to the child, but the child's strong bond and wish to stay with the mother.

We were planning to go back to court for sole custody in May/June, but we recently found out that my husband is going to Iraq.

I understand that Ohio allows for 3rd parties to get visitation of a child if it is in the child's best interest. I have been with my husband since before the child was born, and he is very attached to me as a parent. He has called me mommy from day 1...his choice, and his mother approves. I do homework with him on a regular basis, and attend parent teacher conferences. The child gets A's on our weeks...D's and F's on mom's weeks. I have a history of good communication with his mother. The child has friends in our neighborhood, and is involved in extra-curricular activities here.

1) If his mother opposes...is it worth fighting in court to keep the schedule the same while my husband is gone? I very much want to keep my stepson on the same schedule he is currently enjoying and thriving in...but I don't want to waste the money if it's been tried and failed by others. (I can't find caselaw, or any step-parents who have done this)

2) In order to do so, do I have to petition the court to be added as a party to the case, or can my husband petition the court asking that I take over his parenting time?

Thank you, Soc!

Dear Socrateaser / Child Support Question
« on: Aug 23, 2006, 11:17:21 AM »
Here is the scenario.

CP asked for a child support review. The outcome of the review was that child support would be 10 times higher than the previous amount. Before the order is signed by the judge, NCP pays the extra amount for the first month that it will be due.

CSEA mistakenly sends the amount to the NCP--computer glitch or something--instead of to the CP. NCP has not cashed the check.

The judge never signed on the amount figured by CSEA, because a custody action was being heard, and child support was included in that. The custody situation changed, and child support was set--by the judge--at only twice the previous amount instead of 10 times the previous amount.

Because the NCP was sent the check by mistake, the amount was not credited as paid by CSEA. He does not now owe the money, and actually has an overage.

A recap:

1) NCP paid an amount not yet owed.
2) CSEA sent the amount to NCP rather than forwarding to CP.
3) CSEA, because of their mistake, did not credit the payment to the account.
4) NCP has no arrears...account is current, with an small overage.

Is there anything at all that CSEA can do to the NCP if he cashes the check that was sent to him? (The check is written out to NCP) Because he hasn't cashed it, they sent a letter stating the check wasn't cashed, and they could reissue if he didn't receive it. But they have said the money should have originally gone to CP, and if reissued it would be sent to CP--even though it would cause a massive overage on the account.

Dear Socrateaser / What to expect?
« on: Jun 22, 2006, 12:11:52 PM »
Went before the magistrate for sole custody--or in the alternative, true 50% shared parenting. The ex (mother) didn't have an attorney, and did not submit a parenting plan.

The magistrate, after talking to our son and hearing all testimony, made the decision that it would be detrimental to remove him from the mother completely because of his close bond with her, but to leave him in her sole custody would do him harm as well as the environment in their home isn't safe for him. (Abuse inflicted upon our son by his stepbrothers). He recommended that my parenting plan be ordered.

There are 14 days to object to his decision, in writing to the judge.

The ex is planning to object to the parenting plan. She agrees with the magistrates decision of shared parenting, and with the alternating week time share, but doesn't agree with some stipulations in the parenting plan.

 She was served a copy of the parenting plan along with the motion about 6 weeks before our court date. Now that court is over, and the magistrate has issued his decision, the ex is planning on submitting her own parenting plan to the judge with her line-by-line objections to the one that I submitted/the magistrate approved and ordered.

My attorney told me that with objections to the decisions of the magistrate, 99.99% of the time the judge overrules the objections and goes with the magistrate recommendations.

My questions are...

1) Is it likely that the judge will give thought to the ex's parenting plan this late in the game? My hope is that he will overrule her objection and tell her she should have submitted a parenting plan prior to the hearing, not after the decision was handed out.

2) Is it necessary for me to file a rebuttal to her objection? If so, I plan on asking for attorney's fees in the event that her objection is overruled.

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