Co- Parent wants to change the rules

[williaer]

My ex and I have joint physical/legalcustody. In the agreement that we wrote up, I agreed to continue paying her child support in the same amount, and she was to pay for all school lunches. This amount pretty much made the child support what it would be, if we had it modified (I figured it up to be about $50-60 less per month than what I currently pay, according to the Ohio Child Support Guidelines).


She now wants to go to the school with the court document and have the child's lunch cost based on her income since she is the "responsible party"( it is currently based on mine, as the residential parent), so that our daughter will qualify for free lunch.

1. Can she do this?
2. Doesn't it have to be based on my income, since she is enrolled in     the school in my name?
3. If she does this, what do I file to modify the Child support in the Shared Parenting agreement?

I'd hate to go back to court, but she wants to have her cake and eat it too- I know, big surprise.

[Kitty C.]

I think you might want to contact the school district, as they would probably have the last say-so in that.  It would depend on 'their' policy, not her wants.  If they base the request on who pays for it, they they will probably allow it, but if they base it on who the child lives with, then they won't.

Either way, what difference does it make as long as you child gets fed at school and it's paid for?  Everyone (except probably her) can see her move for what it is, a control issue, but it's the end result you need to keep an eye on.

JMHO.............

[socrateaser]

>My ex and I have joint physical/legalcustody. In the
>agreement that we wrote up, I agreed to continue paying her
>child support in the same amount, and she was to pay for all
>school lunches. This amount pretty much made the child support
>what it would be, if we had it modified (I figured it up to be
>about $50-60 less per month than what I currently pay,
>according to the Ohio Child Support Guidelines).
>
>
>She now wants to go to the school with the court document and
>have the child's lunch cost based on her income since she is
>the "responsible party"( it is currently based on mine, as the
>residential parent), so that our daughter will qualify for
>free lunch.
>
>1. Can she do this?

Yes.

>2. Doesn't it have to be based on my income, since she is
>enrolled in     the school in my name?

This is between the parent and the school. It has no effect on you.

>3. If she does this, what do I file to modify the Child
>support in the Shared Parenting agreement?

You file a motion to modify. Unfortunately, when a parent stipulates to pay a certain amount, that parent cannot move to modify downward unless that parent's income changes. Since this change only affects the other parent, you don't have grounds to modify the current orders.