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  #1  
Old 05-03-2006, 08:00 AM
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Join Date: May 2006
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Child support calculation with change in income


What is the name of your state? Ohio

Good Morning-
I have a question on how child support is calculated. I am in the final stages of divorce. My husband has been attending graduate school for the last 3 years (thus having a limited to non-existent income). In October 2006 he will begin working (he has signed an employment contract for $105,000). My husband is threatening to use his last 3 years income to calculate child support payment instead of his "true" income. Graduate school was a time limited situation... can he use the fact that I financially supported him over the last 3 years to decrease his responsibility to his child? Any insight or wisdom you could provide would be GREATLY appreciated!
  #2  
Old 05-03-2006, 08:43 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,738
Quote:
Originally Posted by saschajones
What is the name of your state? Ohio

Good Morning-
I have a question on how child support is calculated. I am in the final stages of divorce. My husband has been attending graduate school for the last 3 years (thus having a limited to non-existent income). In October 2006 he will begin working (he has signed an employment contract for $105,000). My husband is threatening to use his last 3 years income to calculate child support payment instead of his "true" income. Graduate school was a time limited situation... can he use the fact that I financially supported him over the last 3 years to decrease his responsibility to his child? Any insight or wisdom you could provide would be GREATLY appreciated!
In Ohio you can have his income imputed. If he has an employment contract for $105k your attorney can ask that they be used to show that he is capable of using that. But you have to have proof -- such as a copy of the contract. If you have a copy of the K ask the court impute that as his income on which child support should be based.
The court may or may not. However the court will also use your income in having child support calculated. If you have had an income that comes into play in Ohio.
  #3  
Old 05-03-2006, 08:50 AM
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Join Date: Jun 2004
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Tell him if he wants to use the last three years of income he can go right ahead.

you'll file for rehabilitative alimony for supporting his tired ass the last few years and putting your advancement on hold.
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  #4  
Old 05-03-2006, 09:59 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,738
Quote:
Originally Posted by BelizeBreeze
Tell him if he wants to use the last three years of income he can go right ahead.

you'll file for rehabilitative alimony for supporting his tired ass the last few years and putting your advancement on hold.
I like that idea. And depending on incomes she may just get it.
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