new magistrate

[shadowhour79]

What is the name of your state (only U.S. law)? oh

I was wondering if you can request a diffrent magistrate for child support court?

 

[Just Blue]

What is the name of your state (only U.S. law)? oh

I was wondering if you can request a diffrent magistrate for child support court?

Likely not. But Ohiogal will let you know for sure.

 

[shadowhour79]

the main reason im asking is that the magistrate i have for child support just made a decision on my reduction of child supprt and it was not not favorable. i am going to file an objection to his decision. i guess another question would be what are my chances. here are the particulars.....

1. im suppose to pay 328 a month....which has been in effect for years dating back to me being in the military making almost 4grand a month. i was injured in military in 2009 and filed in 2011 for reduction. at that time of filing i was only getting $50 of $125 VA pay. I am now recieving 40% disability and still have 4 claims pending...my pay went up to $725 amonth. and i just had my hearing for reduction last month, yes you heard me correct. i had to wait 2yrs

2. i was denied due to my doctors notes not being up to par for magistrate. the VA will not give a timetable for injury due to no progress in recovery.

3. he also would not let me defend myself at hearing. he gave them 45mins to rant about me and gave me 1 min. he would not even look at any of my paperwork. in his decision all his facts are wrong.(dates,pay,wages,etc)

4. he decided to put my pay at mininum wage(7.85 per hr) and stated since it is less than a 10% decrease he would not change it. i cant figure that out. at the current is 328 in CS when i was making 4thousand a month be close to a 10% diffrence at mininium wage

 

[Proserpina]

the main reason im asking is that the magistrate i have for child support just made a decision on my reduction of child supprt and it was not not favorable. i am going to file an objection to his decision. i guess another question would be what are my chances. here are the particulars.....

1. im suppose to pay 328 a month....which has been in effect for years dating back to me being in the military making almost 4grand a month. i was injured in military in 2009 and filed in 2011 for reduction. at that time of filing i was only getting $50 of $125 VA pay. I am now recieving 40% disability and still have 4 claims pending...my pay went up to $725 amonth. and i just had my hearing for reduction last month, yes you heard me correct. i had to wait 2yrs

2. i was denied due to my doctors notes not being up to par for magistrate. the VA will not give a timetable for injury due to no progress in recovery.

3. he also would not let me defend myself at hearing. he gave them 45mins to rant about me and gave me 1 min. he would not even look at any of my paperwork. in his decision all his facts are wrong.(dates,pay,wages,etc)

4. he decided to put my pay at mininum wage(7.85 per hr) and stated since it is less than a 10% decrease he would not change it. i cant figure that out. at the current is 328 in CS when i was making 4thousand a month be close to a 10% diffrence at mininium wage

Wait.

You were earning $4k/month and only paying that amount of CS?

Do you have any idea how lucky you were?!

 

[shadowhour79]

Child support made that amount but im being screwed now

 

[Just Blue]

Child support made that amount but im being screwed now

As opposed to the "screwed" your children got?

 

[shadowhour79]

if you have a question ask...dont make judgements you nothing of....i take well care of my daughter while her mother doesnt..i got way more time with her then typicle fathers in ohio

 

[Just Blue]

if you have a question ask...dont make judgements you nothing of....i take well care of my daughter while her mother doesnt..i got way more time with her then typicle fathers in ohio

We comment on the information YOU post ...

 

[Proserpina]

Okay.

Question for you.

How much CS do you think you should pay?

Have you applied for SSDI yet?

 

[shadowhour79]

i leave it to them to make decision, but it shouldnt be half my income. yes i have also filed for ssi...lawyers handling it

 

[Proserpina]

i leave it to them to make decision, but it shouldnt be half my income. yes i have also filed for ssi...lawyers handling it

Then that's what they're doing - making the decision. You don't have to like it.

If you obtain SSDI, then the child/ren will be entitled to dependent benefits. You can then request that those benefits be considered in lieu of child support.

(If all you get is SSI, they won't get dependent benefits)

 

[ecmst12]

Pretty sure that "because I don't like how he ruled" is not a sufficient reason to get the judge changed.

 

[latigo]

Pretty sure that "because I don't like how he ruled" is not a sufficient reason to get the judge changed.

For your information, there is no "sufficient reason to get this judge changed"!

Not after the magistrate has been assigned to the case, has not been disqualified for cause, has not recused him or herself and has presided over the hearing and has ruled.

Furthermore, the OP’s “objections” to the magistrate's order ain’t likely to do him any good.

Because, even assuming that an appeal is timely filed, which is nothing but speculation here, the reviewing court will not disturb that order short of a finding that the magistrate abused his or her judicial discretion.

Now we aren’t provided with much information here, but rest assured that appellate judges are extremely reluctant to charge another jurist with having abused his or her solemn judicial responsibilities. (What goes around often comes around. Or so to speak.)

It has happened and it may be that the refusal to admit or consider the OP’s financial documentation could be adequate grounds. But that is also assuming that the OP knows how to present and substantiate his argument before a reviewing court or panel.

 

[shadowhour79]

rather than assume what you think is happening, how about you ask... i am a disabled vet that put his life and body on the line and got hurt in the process...the only problem im running into is a magistrate that doesnt give someone the time to prove their case. i could easily prove that but i have to depend on an incompetant hospital(VA) and the extremely slow VA claims dept. show before you judge someone, how about you show a little respect like i have shown. i was injured in 2009, didnt get back from treatment facility til 2010 and i filed. went a yr before first judgement came down...10% disable 6 other claims deferred.....another yr and half...second judgement came, 40 % disabled, 4 other claims deferred. so you tell me what im suppose to do...threathen them to go fast.....tried that by getting senator involved. i have a family to support but cant work due to needing surgery on neck,back, and right knee. so what to do?

 

[Proserpina]

rather than assume what you think is happening, how about you ask... i am a disabled vet that put his life and body on the line and got hurt in the process...the only problem im running into is a magistrate that doesnt give someone the time to prove their case. i could easily prove that but i have to depend on an incompetant hospital(VA) and the extremely slow VA claims dept. show before you judge someone, how about you show a little respect like i have shown. i was injured in 2009, didnt get back from treatment facility til 2010 and i filed. went a yr before first judgement came down...10% disable 6 other claims deferred.....another yr and half...second judgement came, 40 % disabled, 4 other claims deferred. so you tell me what im suppose to do...threathen them to go fast.....tried that by getting senator involved. i have a family to support but cant work due to needing surgery on neck,back, and right knee. so what to do?

Hon, we do thank you for your service. And I for one am deeply sorry that serving this country resulted in you being injured.

But it doesn't change the reality.