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If he has no income, it's going to be hard for him to fight you in court and win. I'm assuming you'll have an attorney, and he won't be able to afford one.

Rent a place, without his knowledge. Start moving some things. One day when he's not home move the big stuff. Have him served with divorce papers, to include a motion for temporary shared custody and a parenting plan outlining specific days and times for parenting time for each of you.

Honestly, it would cost you more than the $2,000 to take it to court and have a judge order her to sign. Sometimes it's just not worth it to fight for principal.

Banks now actually have to report the account to the state to match up with those that owe child support. The same way employers have to report a new hire.

1) It is the right of your child to have a legal father. That right cannot be taken away by you.

2) Paternity tests will be court ordered--whether you agree or not, and the father's name WILL go on the birth certificate. Child support and parenting time WILL be ordered.

This isn't up to you.

I'm not an attorney.

Is the Risk Management office the legal office? If not, contact your legal department. If so, and you still want to double check, contact a local attorney and ask.


Section 3119.88 of the Ohio Revised Code states that when a child is married, the child is considered emancipated for child support purposes. But I could find nothing else. Feel free to look for yourself at onlinedocs.andersonpublishing.com

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.

DH was NCP at the time. BM was using medicaid only, when DH had insurance. Insurance is considered primary, and medicaid secondary...but BM wasn't using insurance at all.

DH called DHHS. Informed them of the situation. He was told that SHE would have to pay back any money they could not recoup through his insurance. They told DH that he would not have to pay, because he was doing his part by providing insurance...it was up to BM to follow the rules and use the insurance.

Medicaid then billed DH's insurance for what they had paid, and received reimbursement. BM was not in trouble, and didn't have to pay anything back, but was told she had to use insurance first, then medicaid.

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!

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!

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.