Administrative review adjustment hearing

[shockergeek]

What is the name of your state (only U.S. law)? oh
Just had an administrative review adjustment hearing. When odjfs did the review they came up with a child support amount about $170 a month lower then what I was originally paying. This number met the 10% increase/decrease amount to modify the support.
Ex and her attorney are claiming that I agreed to an upward deviation in the seperation agreement. Here is what the seperation agreement states.

Child support: The parties hereby agree that husband shall pay to the wife, as and for child support, the sum of $1135.97, per month, plus poundage, said payments to be made by wage withholding through Meigs County Child Support Enforcement Agency, said payments to begin by November 13, 2009, and shall continue until the parties oldest child attains the age of 18 years or graduates from highschool, whichever last occurs, or become emancipated, at which time child support for the remaining minor child shall be redetermined to the Ohio Child Support Guidelines, but shall not be less then $500.00, per month, regardless of calculation. Child support on that child shall also continue until the youngest child turns 18 years or graduates from high school, whichever last occurs, or becomes emancipated.

Now my original child support worksheet when it was done, it was done by my ex and her attorney, he is her boss, was done incorectly. It had her income at $10,920 and did not give me credit for union dues etc. Her and her attorney actually went in and whited out the support amount number on the work sheet and put in the number they wanted. Actually with the numbers they had imputed, it would have shown her getting $2000 a month. What they did was take $2000 a month and subtract the house payment from it, and the difference is what they put in for the child support amount.
At the hearing today, they stated that I agreed to an upward deviation, but from what I understand any deviation has to be spelled out in the seperation agreement. On the original child support worksheet there is no deviation shown. From what I can see I agreed to make the child support payments to her until my oldest turns 18, doesnt actually say the payment will stay the same.
My question is, does this say I agreed to an upward deviation?

Maybe Im just looking at it wrong.

 

[Ohiogal]

What is the name of your state (only U.S. law)? oh
Just had an administrative review adjustment hearing. When odjfs did the review they came up with a child support amount about $170 a month lower then what I was originally paying. This number met the 10% increase/decrease amount to modify the support.
Ex and her attorney are claiming that I agreed to an upward deviation in the seperation agreement. Here is what the seperation agreement states.

Child support: The parties hereby agree that husband shall pay to the wife, as and for child support, the sum of $1135.97, per month, plus poundage, said payments to be made by wage withholding through Meigs County Child Support Enforcement Agency, said payments to begin by November 13, 2009, and shall continue until the parties oldest child attains the age of 18 years or graduates from highschool, whichever last occurs, or become emancipated, at which time child support for the remaining minor child shall be redetermined to the Ohio Child Support Guidelines, but shall not be less then $500.00, per month, regardless of calculation. Child support on that child shall also continue until the youngest child turns 18 years or graduates from high school, whichever last occurs, or becomes emancipated.

Now my original child support worksheet when it was done, it was done by my ex and her attorney, he is her boss, was done incorectly. It had her income at $10,920 and did not give me credit for union dues etc. Her and her attorney actually went in and whited out the support amount number on the work sheet and put in the number they wanted. Actually with the numbers they had imputed, it would have shown her getting $2000 a month. What they did was take $2000 a month and subtract the house payment from it, and the difference is what they put in for the child support amount.
At the hearing today, they stated that I agreed to an upward deviation, but from what I understand any deviation has to be spelled out in the seperation agreement. On the original child support worksheet there is no deviation shown. From what I can see I agreed to make the child support payments to her until my oldest turns 18, doesnt actually say the payment will stay the same.
My question is, does this say I agreed to an upward deviation?

Maybe Im just looking at it wrong.

No. There is no reasoning as to why there would have been an upward deviation which is required. So argue it. They will most likely object to the court.

 

[shockergeek]

So there has to be a reason to require the upward deviation?
Also, what do you mean they will most likely object to the court?
If there was an upward deviation, wouldn't it say in the separation agreement that x amount is the child support and then there is an upward deviation of x amount to make it a total of x?
Would there have been another order issued for the $170, for the upward deviation?

 

[Ohiogal]

So there has to be a reason to require the upward deviation?
Also, what do you mean they will most likely object to the court?
If there was an upward deviation, wouldn't it say in the separation agreement that x amount is the child support and then there is an upward deviation of x amount to make it a total of x?
Would there have been another order issued for the $170, for the upward deviation?

If they do not like the administrative review outcome then they object and take it to hearing in court.

If it was an upward deviation, the paperwork is supposed to state what the normal amount of support is or what the increase in support it, that there is an upward deviation, the reason being and the actual ordered amount.

 

[shockergeek]

Ok....yeah they already stated they were objecting to it and gonna take it to court.
My order does not say child support is x amount and there is an upward deviation. And since there is no agreement in an upward deviation, no reason as to why there is an upward deviation.
I really can't see where the courts would grant one, since I am paying the house payment that they live in, along with the insurance and property taxes.

 

[shockergeek]

Where should I look for the laws on child support?
I have contacted several attorneys and I am running into the same problem I had when I was getting divorced, they are all saying its a conflict of intrest for them. So looks like im gonna have to do this on my own, have a bad feeling about that.

 

[La-a]

Where should I look for the laws on child support?
I have contacted several attorneys and I am running into the same problem I had when I was getting divorced, they are all saying its a conflict of intrest for them. So looks like im gonna have to do this on my own, have a bad feeling about that.

Google "Ohio Child Support Guidelines."