administrative review

[shockergeek]

What is the name of your state (only U.S. law)? Ohio
Finally got the result for the administrative review I asked for. ODJFS determined that the support should be lowered from 1135 down to 963 a month. Now my ex already stated that if they lower it at all that she is going to appeal the decision. My question is what is the likelyhood of the judge deviating from what ODJFS says the support should be. I already pay the 1135 and 870 for the house the kids live in. Our seperation agreemnt states this house payment is not spousal support, but property settlement. And that i have to pay this payment till my youngest chikd reaches the age of 18. So im paying 2000 a month. I know knowone knows exactly what the judge will do, but what are your opinions of the judge going against what ODJFS says child support should be. My case worker told me he thinks the mortgage payment should be deviated from the child support but he doesn't have the authority to do it.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ohio
Finally got the result for the administrative review I asked for. ODJFS determined that the support should be lowered from 1135 down to 963 a month. Now my ex already stated that if they lower it at all that she is going to appeal the decision. My question is what is the likelyhood of the judge deviating from what ODJFS says the support should be. I already pay the 1135 and 870 for the house the kids live in. Our seperation agreemnt states this house payment is not spousal support, but property settlement. And that i have to pay this payment till my youngest chikd reaches the age of 18. So im paying 2000 a month. I know knowone knows exactly what the judge will do, but what are your opinions of the judge going against what ODJFS says child support should be. My case worker told me he thinks the mortgage payment should be deviated from the child support but he doesn't have the authority to do it.

The court needs a good reason to deviate from state guidelines. CP complaining that they want more money isn't one.

 

[shockergeek]

Ok good.
Like I said, I pay 1135 plus fees in cs already...for a total of 1158 a month...and 870 for the house payment...and I provide the ins for the kids plus pay half of all the copays.
I think I should get some credit for the house payment. 4 people living there, ex wife..her bf, and the our two kids. I would think at the very least 2/3 of the payment should be deviated for me. But I know my opinion doesn't matter.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio
Finally got the result for the administrative review I asked for. ODJFS determined that the support should be lowered from 1135 down to 963 a month. Now my ex already stated that if they lower it at all that she is going to appeal the decision. My question is what is the likelyhood of the judge deviating from what ODJFS says the support should be. I already pay the 1135 and 870 for the house the kids live in. Our seperation agreemnt states this house payment is not spousal support, but property settlement. And that i have to pay this payment till my youngest chikd reaches the age of 18. So im paying 2000 a month. I know knowone knows exactly what the judge will do, but what are your opinions of the judge going against what ODJFS says child support should be. My case worker told me he thinks the mortgage payment should be deviated from the child support but he doesn't have the authority to do it.

I completely disagree with the caseworker, and I am sure the judge will as well. If the 870.00 is property settlement money then she gave up other marital assets in exchange for you making the house payment. You should not be entitled to any kind of deviation for that.

 

[mistoffolees]

Ok good.
Like I said, I pay 1135 plus fees in cs already...for a total of 1158 a month...and 870 for the house payment...and I provide the ins for the kids plus pay half of all the copays.
I think I should get some credit for the house payment. 4 people living there, ex wife..her bf, and the our two kids. I would think at the very least 2/3 of the payment should be deviated for me. But I know my opinion doesn't matter.

No, you shouldn't get credit for the house payment. You stated that that is property division - and has absolutely no bearing on CS.

 

[CSO286]

Ok good.
Like I said, I pay 1135 plus fees in cs already...for a total of 1158 a month...and 870 for the house payment...and I provide the ins for the kids plus pay half of all the copays.
I think I should get some credit for the house payment. 4 people living there, ex wife..her bf, and the our two kids. I would think at the very least 2/3 of the payment should be deviated for me. But I know my opinion doesn't matter.

Did you request credit for it? If not, then you had exactly zero chance of getting it.

In any event, it was already ruled on as part of the property settlement in the divorce and the judge was under no obligation to include it when considering a deviation.

If mom does appeal, I would think the Judge will expect that she can provide a very good reason to deviate, especially given that in addition to the CS obligation, you ARE pay the mtg as part of the divorce settlement.

 

[LdiJ]

Did you request credit for it? If not, then you had exactly zero chance of getting it.

In any event, it was already ruled on as part of the property settlement in the divorce and the judge was under no obligation to include it when considering a deviation.

If mom does appeal, I would think the Judge will expect that she can provide a very good reason to deviate, especially given that in addition to the CS obligation, you ARE pay the mtg as part of the divorce settlement.

Again, I reiterate...if he is paying the mortgage payment as a PROPERTY SETTLEMENT the judge should not take it into consideration in any way shape or form. That would be like saying that because the CP got half of the marital value in a retirement account that the NCP should have to pay less child support. Its simply irrelevant to child support.

 

[CSO286]

Again, I reiterate...if he is paying the mortgage payment as a PROPERTY SETTLEMENT the judge should not take it into consideration in any way shape or form. That would be like saying that because the CP got half of the marital value in a retirement account that the NCP should have to pay less child support. Its simply irrelevant to child support.

I have a case on my desk that went to hearing where the Mag did take this fact into consideration when setting the child spt oblig. Even given that the mtg had been ruled upon in district court during the divorce.

He deviated, giving dad a deduction equal to the amount of the mtg payment, thereby reducing the amount of income available for support.

 

[shockergeek]

We haven't gone to court over the review yet. I received the review papers in the mail today. She already stated that she was going to appeal any decision that lowered cs.
She has no good reason to have it deviated. I pay the mortgage..which included the insurance and property taxes. I paid off the $1000 gas bill for the house. I paid off her$$10,000 in credit cards. She got everything in the house. I took my cloths, part of my tools, as some of the new tools I had purhased came up missing, and my car. And I had.been paying 1158 a month in cs on top of all of that. I provide the medical ins for the kids, and half of all the copays. I have my kids for visitation every weekend but one a month, which I love having them that much. So I can't see her having a good reason for the judge to deviate, but then again my opinion doesn't matter.
The case worker may be wrong about the mortgage payment, all I can do is ask.
Also another question, if she appeals the review decision and it doenst go in her favor, do you think it would be possible to have her pay my attorney fees?

 

[CSO286]

Also another question, if she appeals the review decision and it doenst go in her favor, do you think it would be possible to have her pay my attorney fees?

It doesn't mean the Judge will grant them, but if you never ask, you'll never get.

 

[shockergeek]

Exactly. I figure its worth a try.