Ohio child support and shared parenting decree

[sharkgurly]

What is the name of your state (only U.S. law)? Order in Ohio, reside in CA.

My divorce and child support order are in Clermont county, Ohio. I have a shared parenting plan and there is a deviation from child support. We are both residential parents. Deviation: My ex husband pays 1/2 of extracurricular and school fees(there is pretty much none at this point), incurs expenses for his visitation(I pay half her plane ticket which basically comes out to the amount of child support I get in a year), and he must provide medical insurance. We hashed out $50 a month when we sat down with our lawyers because it was the only way he would let me take our daughter back to california where both sides of family are at. His girlfriend had a baby on the way and it was all about money to him, and I just wanted to get back to california before I became homeless.

With that being said... my child support worker in CA contacted Ohio in regards of requesting a modification. We sent the packet in and I received a letter this morning stating that the shared parenting plan is tied to the child support decree so the review board will not perform a review and adjust. He has summer, 1 week of winter and spring for his parenting time. He has not fulfilled winter and spring parenting time so I listed that down as to why I wanted a review, as well as my income has increased over 30%. I'm finally at a point where I'm off of state assistance, working full-time, living without roommates, and now provide medical insurance for myself and daughter. I worked hard to get where I am and now I am being told that I can't get a review of child support with CSEA - that I must file with the court. I have limited savings and there is no way I can fly out to Batavia to stand in front of Judge Rodenberg. There must be some workaround since this puts a hardship on me since I have her 43 weeks out of the year, or there must assistance from California for situations like this? I just want child support to reflect the true situation on both sides because $50 a month is not helping when he gets it right back for his summer parenting time.

 

[wavehopper27]

Ohio will retain jurisdiction for all child related issues for as long as your ex continues to live there. If you want CS modifed, you will have to go there.

 

[sharkgurly]

What are the steps that need to be taken in Ohio if he is agrees to change venue and let California have jurisdiction?

 

[stealth2]

What are the steps that need to be taken in Ohio if he is agrees to change venue and let California have jurisdiction?

He'd be a fool to do that, to be honest.

 

[wavehopper27]

What are the steps that need to be taken in Ohio if he is agrees to change venue and let California have jurisdiction?

I would be AMAZED if he allowed this. However, if you happen to win the lottery on this one, there's some good information here:

http://www.ehow.com/how_5758610_transfer-support-case-different-state.html

 

[Ohiogal]

What are the steps that need to be taken in Ohio if he is agrees to change venue and let California have jurisdiction?

It doesn't matter if HE agrees to it. What matters is if the court in Ohio would agree to the transfer of the case.

 

[sharkgurly]

Thank you for some of the snarky comments. So far he has verbally agreed. He's realized that I am not out to get him for every nickel and dime like majority of exes, and that I just want child support to reflect both of our incomes and expenses now that I'm in a stable state job with excellent benefits. Essentially there is no financial help from him at this point since any child support goes back to him to cover my half of her plane ticket. Currently the burden is fully on me to provide for her, and I've sacrificed a lot and worked hard to do so. Financially in the long run it would be easiest for us both to have it in California- She was born in California, she has family ties to both sides here(his parents live in the same town as I do and she does spend time with them), is exceeding in school and is now involved in softball after school. She's spent 2/3 of her life in california, and is only 6 years old. Her ties are to California since birth. I do not want to put a hardship on him when it will also affect her and I do not want to change any of his parenting time when he already has so little.

So if there's any positive suggestions or advice pertaining to the courts in Clermont county, I would appreciate it.

Ohiogal - do you know which forms we would need to complete and submit to the court?

 

[Ohiogal]

Thank you for some of the snarky comments. So far he has verbally agreed. He's realized that I am not out to get him for every nickel and dime like majority of exes, and that I just want child support to reflect both of our incomes and expenses now that I'm in a stable state job with excellent benefits. Essentially there is no financial help from him at this point since any child support goes back to him to cover my half of her plane ticket. Currently the burden is fully on me to provide for her, and I've sacrificed a lot and worked hard to do so. Financially in the long run it would be easiest for us both to have it in California- She was born in California, she has family ties to both sides here(his parents live in the same town as I do and she does spend time with them), is exceeding in school and is now involved in softball after school. She's spent 2/3 of her life in california, and is only 6 years old. Her ties are to California since birth. I do not want to put a hardship on him when it will also affect her and I do not want to change any of his parenting time when he already has so little.

So if there's any positive suggestions or advice pertaining to the courts in Clermont county, I would appreciate it.

Ohiogal - do you know which forms we would need to complete and submit to the court?

You would have to file to domesticate the case in California. You could do it on the basis that Ohio is an inconvenient forum. The California court would then be required to contact the Ohio court. Dad would also have to be notified about the California domestication. Therefore, your best bet is to go to a CA self help clinic.

 

[sharkgurly]

You would have to file to domesticate the case in California. You could do it on the basis that Ohio is an inconvenient forum. The California court would then be required to contact the Ohio court. Dad would also have to be notified about the California domestication. Therefore, your best bet is to go to a CA self help clinic.

I went to the self help center at the local court house and was also able to get a consult with an attorney for free. They both stated they cannot file anything in CA to ask for jurisdiction due to UCCJEA. They both stated that I will have to start in Ohio and file whatever forms I need there to make our request. All I can find is a form for a miscellaneous motion in Clermont county. At this point I am lost on what exact forms I need to file in Ohio. If filing the miscellaneous motion is sufficient enough, can I change the wording so we are both plaintiffs since it is not a battle between me and my ex? He is willing to file whatever forms we need with the county clerk.

I had contacted a lawyer in Ohio for a free consult and he was of no help. His answers were way too vague. This seems like it would be an easy request with the court due to both sides agreeing, but I cannot seem to find any guidance online on how to go about it.

 

[wavehopper27]

I went to the self help center at the local court house and was also able to get a consult with an attorney for free. They both stated they cannot file anything in CA to ask for jurisdiction due to UCCJEA. They both stated that I will have to start in Ohio and file whatever forms I need there to make our request. All I can find is a form for a miscellaneous motion in Clermont county. At this point I am lost on what exact forms I need to file in Ohio. If filing the miscellaneous motion is sufficient enough, can I change the wording so we are both plaintiffs since it is not a battle between me and my ex? He is willing to file whatever forms we need with the county clerk.

I had contacted a lawyer in Ohio for a free consult and he was of no help. His answers were way too vague. This seems like it would be an easy request with the court due to both sides agreeing, but I cannot seem to find any guidance online on how to go about it.

Ok, I'm amazed.

 

[sharkgurly]

This whole thing has been frustrating, because nobody seems to know what we should do. I talked to a court compliance officer at the Ohio court who stated my best chance is to file in CA. That Ohio has that option if the tables were switched around with the order coming from another state, and that CA must have something similar. Both lawyers I spoke to in CA stated there was nothing I could do. I don't want to toot my own horn but I think I just came across CA family law code that begs to differ.

Snippets I put together that seem to cover my debacle:
https://docs.google.com/document/d/1c5CBxzKOhSQqSYDFW7UrGGrHdZ9fMqadWZPgNhibLMI/edit?usp=sharing


Another thing I found was the child support agency in CA may possibly even be able to file on my behalf to have it registered here. If that is possible then it's one step closer to meeting the requirements for CA to have jurisdiction to modify since both parties agree. It will also be an easier venue here since CA is a kinder state to those living outside to allow phone conference and other options to provide evidence if one cannot be present on a court date - Ohio does not.

 

[Ohiogal]

This whole thing has been frustrating, because nobody seems to know what we should do. I talked to a court compliance officer at the Ohio court who stated my best chance is to file in CA. That Ohio has that option if the tables were switched around with the order coming from another state, and that CA must have something similar. Both lawyers I spoke to in CA stated there was nothing I could do. I don't want to toot my own horn but I think I just came across CA family law code that begs to differ.

Snippets I put together that seem to cover my debacle:
https://docs.google.com/document/d/1c5CBxzKOhSQqSYDFW7UrGGrHdZ9fMqadWZPgNhibLMI/edit?usp=sharing


Another thing I found was the child support agency in CA may possibly even be able to file on my behalf to have it registered here. If that is possible then it's one step closer to meeting the requirements for CA to have jurisdiction to modify since both parties agree. It will also be an easier venue here since CA is a kinder state to those living outside to allow phone conference and other options to provide evidence if one cannot be present on a court date - Ohio does not.

Bull. Ohio courts can allow phone conferences.

 

[sharkgurly]

Possibly... But so far the court compliance officer and a lawyer in Clermont county Ohio stated I'd have to be present for the first hearing date.