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Just a question

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sunsmiles1121

Junior Member
The jurisdiction is Medina County, Ohio. Here is my question if anyone can answer it. When I was divorced I had three children. The father was not working but was court ordered to get a job and report to child support. He was working but never reported to child support. At that time, I was receiving government assistance. Three years after the order he was jailed for 8 years. So therefore, never had a support order. After he was released from jail, I took him to court to hold him in contempt for not reporting to child support and asking for back child support. The judge told me "I will not order this because if I do, he will have no means of supporting himself and his new wife and children." I have received for 2 of the three children a total of $2,500.00. All my children are over the age of 18 now. What do any of you think I can do?
 


OHRoadwarrior

Senior Member
Since your government assistance would have been reduced in proportion to the child support you'd have received, the money belongs to the state, not you. The judge chose not to penalize his new life, by making him pay back the state.
 

sunsmiles1121

Junior Member
There was an order. He was ordered to work and report to child support to establish payments. I have copies of his W-2's showing he was working he just failed to go and report it.
 

Proserpina

Senior Member
There was an order. He was ordered to work and report to child support to establish payments. I have copies of his W-2's showing he was working he just failed to go and report it.


No, that's not the same thing.

He was ordered to report to child support. He was NOT ordered to PAY child support by either the court or CSE.

There's a difference.
 

sunsmiles1121

Junior Member
Okay, so what your saying is a father that is not working has no obligation to support his kids even if a judge tells him to get a job and report to establish child support. Because it was not determined in the court? Does that excuse a father of his responsibility. Is he not to be held responsible for failing to abide by a court order?
 

Proserpina

Senior Member
Okay, so what your saying is a father that is not working has no obligation to support his kids even if a judge tells him to get a job and report to establish child support. Because it was not determined in the court? Does that excuse a father of his responsibility. Is he not to be held responsible for failing to abide by a court order?



I'm saying that Dad was never ordered by the court to pay child support. It really is that simple.

He was ordered to report. He didn't, and it looks like the judge decided you waited far too long to file for contempt (frankly, you did wait too long).
 

cyjeff

Senior Member
Okay, so what your saying is a father that is not working has no obligation to support his kids even if a judge tells him to get a job and report to establish child support. Because it was not determined in the court? Does that excuse a father of his responsibility. Is he not to be held responsible for failing to abide by a court order?
So you are just going to keep asking the same questions over and over in the hopes that someone will answer the way you want?

You are correct in that this was a really crappy situation. You are also correct that father and mothers should both participate in the financial support of their children.

In this case, the judge waived his obligation. Most judges would not. He did. We cannot undo that.

You took him to court and the judge made a very unusual ruling. How long ago did it happen?
 

sunsmiles1121

Junior Member
And when was I supposed to file it? I was not allowed to file it while he was in prison, so I waited until he was released. So where did I wait too long? The point is, he was in contempt of court. If he did what he was ordered to do, it would have been established and/or if the county and CSEA did what they were supposed to be doing it would have been established. Am I wrong?
 

cyjeff

Senior Member
And when was I supposed to file it? I was not allowed to file it while he was in prison, so I waited until he was released. So where did I wait too long? The point is, he was in contempt of court. If he did what he was ordered to do, it would have been established and/or if the county and CSEA did what they were supposed to be doing it would have been established. Am I wrong?
How long ago did this happen?

This is the second time I have asked. I will not ask a third.
 

Proserpina

Senior Member
And when was I supposed to file it? I was not allowed to file it while he was in prison, so I waited until he was released. So where did I wait too long? The point is, he was in contempt of court. If he did what he was ordered to do, it would have been established and/or if the county and CSEA did what they were supposed to be doing it would have been established. Am I wrong?


Who told you that you couldn't file while he was in prison?

That aside, it was THREE YEARS before he was jailed.

You could have filed at any time before he was jailed.
 

sunsmiles1121

Junior Member
I was divorced in 1993, he went to jail in 1996 and was released in 2004. We just went to court again 2 years ago. He was ordered to pay 2 months for our middle child and 9 months for our youngest. CSEA had an order in 1993 to pursue him to establish child support and never did and then when I found out he had been working it was too late, he was in jail. I called CSEA and they told me since he was in jail there was nothing that they could do about it.
 

sunsmiles1121

Junior Member
I did file, but they could not give me an amount until he started working, hence, that is why he was supposed to report once he was working to establish an amount. I have an order for child support, the amount was never established.
 

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