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contempt and modification ?

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gymjenn

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

Three questions -

1. I am a single mother, my daughter is 11. I was unmarried when she was born. child support order was established in 2006 in cuyahoga county. Dad is currently $5,512.95 in arrears. Current order is 419.02 plus 83.80 for past due payment per month and 50/50 on out of pocket medical bills. Last support received was IRS withholding that were collected for arrears in july. Last support payment was 19.79 on 5/25/16. Can i file for contempt due to failure to make payment? I have contacted CCSEA and ODJFS and they told me that his employer was notified in august with regards to his child support obligations. Is there anything that can be done regarding the arrearages and the lack of payment?

2. Companionship order was established in 2011 in summit county. Dad currently has companionship time every other wednesday evening for dinner, and every other weekend fri-sunday. He choses not see her during the week. Visitation is consistent with the exception of when she has out of town soccer tournaments, he does not take her and instead has me due to lack of ability to pay for hotel and travel (his words). Any event more than 30 minutes from his house, i pick her up and take her to and then return her to his house. He lives in Cleveland, I live near akron. In the current order, past due medical expenses were addressed and he was ordered to pay $75 per month towards the $3,578 in past due medical bills as of Oct. 2011. He currently owes $1321.95 in past due and current medical bills. If the order was followed he should have no past due amount and only owe his portion of bills as they come due, but because he hasn't followed the order, he fails to get current on the medical bills issue and I am constantly left paying the full bill due and waiting for him to pay "when he can". Can I file contempt on this?

3. When we had a child support hearing in august 2016 i asked if i could bring up school and extra curricular expenses. I was told that they cant be in the support order, but i would have to modify the companionship order to address these issues. Our daughter attends a private school, and has since 2010 (K-current grade 6) where tuition is 286 per month. She plays in band which is an additional 20 per month plus the expense of the instrument. She has school related expenses such as field trips, overnight outdoor ed, ect that are increasing as she gets older. She is also a soccer player. Has played since 2012 and now is in her 4th year at a high level club. Club fees are close to $2000 per year with additional expenses for uniforms, travel, tournaments fess, ect. Her dad knows she attends both the private school and plays club soccer but pays nothing for the expense. Would i be able to file to modify the court order to ask for the same split ordered for health care to be applied for school and extra curricular expenses? Would the court likely agree to this? i do make more than he does, child support worksheet shows his income to be 35% and mine to be 64%. I would even be willing to split these expenses at these percentages. Any advice welcome.
 


LdiJ

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

Three questions -

1. I am a single mother, my daughter is 11. I was unmarried when she was born. child support order was established in 2006 in cuyahoga county. Dad is currently $5,512.95 in arrears. Current order is 419.02 plus 83.80 for past due payment per month and 50/50 on out of pocket medical bills. Last support received was IRS withholding that were collected for arrears in july. Last support payment was 19.79 on 5/25/16. Can i file for contempt due to failure to make payment? I have contacted CCSEA and ODJFS and they told me that his employer was notified in august with regards to his child support obligations. Is there anything that can be done regarding the arrearages and the lack of payment?

2. Companionship order was established in 2011 in summit county. Dad currently has companionship time every other wednesday evening for dinner, and every other weekend fri-sunday. He choses not see her during the week. Visitation is consistent with the exception of when she has out of town soccer tournaments, he does not take her and instead has me due to lack of ability to pay for hotel and travel (his words). Any event more than 30 minutes from his house, i pick her up and take her to and then return her to his house. He lives in Cleveland, I live near akron. In the current order, past due medical expenses were addressed and he was ordered to pay $75 per month towards the $3,578 in past due medical bills as of Oct. 2011. He currently owes $1321.95 in past due and current medical bills. If the order was followed he should have no past due amount and only owe his portion of bills as they come due, but because he hasn't followed the order, he fails to get current on the medical bills issue and I am constantly left paying the full bill due and waiting for him to pay "when he can". Can I file contempt on this?
You can certain file for contempt, and should file for contempt, for him not following the court orders.

3. When we had a child support hearing in august 2016 i asked if i could bring up school and extra curricular expenses. I was told that they cant be in the support order, but i would have to modify the companionship order to address these issues. Our daughter attends a private school, and has since 2010 (K-current grade 6) where tuition is 286 per month. She plays in band which is an additional 20 per month plus the expense of the instrument. She has school related expenses such as field trips, overnight outdoor ed, ect that are increasing as she gets older. She is also a soccer player. Has played since 2012 and now is in her 4th year at a high level club. Club fees are close to $2000 per year with additional expenses for uniforms, travel, tournaments fess, ect. Her dad knows she attends both the private school and plays club soccer but pays nothing for the expense. Would i be able to file to modify the court order to ask for the same split ordered for health care to be applied for school and extra curricular expenses? Would the court likely agree to this? i do make more than he does, child support worksheet shows his income to be 35% and mine to be 64%. I would even be willing to split these expenses at these percentages. Any advice welcome.
This paragraph is pointless. You are having a very hard time getting him to pay what he is already ordered to pay. Why waste your time, expense and effort into getting additional orders that he will ignore anyway?
 

gymjenn

Junior Member
Thank you for the response. With regards to your comment about it being pointless, part of being a parent is financial responsibility. Even if he is choosing not to take care of his financial obligations, it doesn't mean those obligations don't exist. I am questioning if I can present the additional expenses to the court and have a valid claim to have him be held legally responsible for part of the expense. Whether or not he chooses to pay them is his choice, but if it is reasonable to expect he should then I want it in writing.
 

stealth2

Under the Radar Member
Personally, I always felt those extras were part of what CS was for.

But LDi makes a good point - consider what it will cost you to press that issue. On all fronts.
 

gymjenn

Junior Member
thank you, i am just looking at all options at this point. It will cost me about 500 to file and such if i don't use an attorney. not sure if it is worth it, but was surprised when the child support officer who was hearing our modification case said that the educational and extra curriculars weren't part of child support and that i could go and have the summit county order modified to include them. until then i wasn't sure how to handle the increased costs. just looking for opinions to consider and help in making a decision on how to proceed
 

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