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Magistrate decision made but ex filed objection

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twinkletoes2189

Junior Member
What is the name of your state (only U.S. law)? ohio

My son went to go live with his father when he was 16, the judge ordered that my Ex gets to claim him on his taxes and I claim our daughter who resided with me. Our son is now emancipated and my ex took me back to court for custody of our minor daughter. He filed a change of circumstance, review of child support and taxes, and in camera interview with our minor daughter who is 14.
We went to court, and the magistrate decided that there was no change of circumstance and that our daughter remains with me, the magistrate did give him extra weekends in the summer and that was it. However, during court, neither my ex or me mentioned child support or taxes. When he recieved the decision of the magistrate he filed an objection to the decision stating that taxes were not addressed and that I claimed our daugther since 2006. Here is the thing: I have claimed her since then because he was claiming our son by magistates order...he twisted the facts. Our son just graduated in 2008. So now our case is back open...AGAIN! I called the courts and they said that there will be no hearing just that the judge will review the case to see if there was an error.
I am confused...will he change the decision without a hearing? What will happen now? I feel there are facts to present...like the fact he never pays out of pocket expenses to the oint I stopped sending them to him...last time I to file contempt of court to get my $2,000. I am tired and need to focus on raising my daughter and infant son, and not expend my energy chasing him down to pay his half..I gave up.
 


Proserpina

Senior Member
I don't think anyone can really predict how the Judge will rule.

Was Dad ordered to pay out of pocket expenses?
 

Hisbabygirl77

Senior Member
Can she file something to be placed in her file? Or write a letter to the judge explaining the things she wont be able to say in court because their is no actual court date? I leave the answer to the wisdom of those who understand this better. My ex still owes me 93k in back child support lol So obviously i am not the one to answer child support questions :D
 

Isis1

Senior Member
okay...OG has the audacity to take a vacation. so, in the event she shows up, someone kick her off.

OP, lets see if i got this right.

you have one child, dad has the other.

it was ordered you claim the child living with you, dad claimes the child living with him.

okay, so far that's standard.

now, the child that lives with dad is an adult. ages out of order. dad files for custody of daughter. case dismissed daughter stays with you.

until the order states otherwise, you continue to claim daughter. federal law.

now, if dad wants to modify the order to start switching every year, he can file a show cause. however, since dad isn't paying out of pocket expenses per the court order, then quite possibly judge may deny so you should bring that up. however, if you didn't file for contempt each and every time, then it might be a wash. unless of course he says he's not paying. in front of the judge.
 

Ohiogal

Queen Bee
Can she file something to be placed in her file? Or write a letter to the judge explaining the things she wont be able to say in court because their is no actual court date? I leave the answer to the wisdom of those who understand this better. My ex still owes me 93k in back child support lol So obviously i am not the one to answer child support questions :D
No new evidence comes in on objections. Dad will have to pay for the transcriptions of the hearing. It was up to him to raise the issue at the hearing regarding child support and taxes. If he didn't then he screwed up.
The judge will rule on whatever errors are raised based on the transcripts unless a hearing is requested.

Maybe I should ask Admin to ban me for a week. I won't be on when i am in your version of Hell Is. So no worries.
 

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