Welcome to SPARC Forums. Please login or sign up.

Jun 15, 2024, 02:46:43 PM

Login with username, password and session length

Child support deviation

Started by wmz38, Jan 16, 2012, 11:52:55 AM

Previous topic - Next topic


Living in Ohio and about to face a child support order of $700/month for one child. I currently have minimal visitation only seeing my daughter a couple of times a month.  I had an attorney look at it the child support clculation worksheet and he says the numbers look right. My ex and I only have a difference of $7500.

My ex receives another $600/month in child support from a previous husband for two children in which they have a 50/50 parenting plan.On the calculation worksheet, she is given a $3700 deduction for each of these children despite only providing care for them 50% of the time AND receiving support on top of that. In addition, she is only allowed to claim one on her taxes. So why is she granted the full deduction for both (rhetorical question)? I have a son whom I take care of 100% of the time without any assistance due to his mom passing away from Diabetes. I dont receive SSI for him because she never worked. I am given the same $3700 deduction. What is the likelihood the magistrate will consider this to hopefully decrease the amount of support from $700/month to something that approaches reasonable?

Will the magistrate consider the fact I am solely responsible for the care of an 11 yr. old son?

If granted $700/month, my ex will bring in $55K/year after child support while comparatively I will bring in only $39K/year. Even if you deduct the support from her first ex she will still bring home $48K/year- a vast difference in income. I mention this for two reasons:
1) Ohio Revisede Code (ORC) states the court can deviate from calculated amount of child support for large discrepancies in income between the two parents... but will they?
2) At least in Ohio, child support is suppose to maintain the standard of living for the child had the parents remained together... but shouldn't that go for both parents and will the court take that into consideration? What about maintaining the standard of living my 11 yr. old son?

I am aware the support she receives from this ex does not count as "income." Can it be argued a small amount of this could be considered a "resource" as it is suppose to help pay for housing and utilities otherwise it would be like double-dipping? I put "resource" in quotes because ORC states other earnings from "resources" can be used as a factor in deviating from Child support calculations. A part of this resource also contributed to the standard of living of which we lived.

If you have any knowledge, experience, or resources that may be beneficial to me I would greatly appreciate them. I have read the ORC front and back so please do not send me particular sections, etc. I need cases and court rulings, orders, etc. that show where deviations have been granted and for what reasons. -Thanks!!!

P.S. One other question, has anybody taken child support rulings to the Supreme Court? As most everybody would agree, they are extremely unrealistic. In addition, state law provides the court with the power to deviate from child support calculations but they repeatedly ignore, disregard, etc. legitimate reasons brought forth in front of them to do so. Isn't that their duty... to uphold state law?