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Nemo1019

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

My children have been living with me for over a month because their mother is getting divorced again, and doesn't want them living there while her soon to be ex husband is still living there. She does not know when he will finally move out so this could be indefinite. My question is will I be able to get my child support back?
 


Zigner

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

My children have been living with me for over a month because their mother is getting divorced again, and doesn't want them living there while her soon to be ex husband is still living there. She does not know when he will finally move out so this could be indefinite. My question is will I be able to get my child support back?
You must pay child support as ordered. You may be able to have your order changed to reflect the change in circumstance, but you'd have to go back to court for this.

Have you asked their mother to reimburse you?
 

Nemo1019

Junior Member
You must pay child support as ordered. You may be able to have your order changed to reflect the change in circumstance, but you'd have to go back to court for this.

Have you asked their mother to reimburse you?
No I have not asked for reimbursement yet, as I do not now how long this will go on. One month is one thing, but if it becomes more i will need that money back to support them here. It is not a matter of not paying because I have always paid, and have never had a problem until now when they have been with me for over a month and my ex wife is still using the money for other things.
 

CJane

Senior Member
No I have not asked for reimbursement yet, as I do not now how long this will go on. One month is one thing, but if it becomes more i will need that money back to support them here. It is not a matter of not paying because I have always paid, and have never had a problem until now when they have been with me for over a month and my ex wife is still using the money for other things.
Find out if Ohio has a statutory requirement that child support orders be abated after a certain amount of time of the children living with the NCP/Payor. My state (not Ohio) requires that the child support order be abated after 30 days of the children living with the paying parent/NCP. All one must do is request an abatement, and the other parent must sign an affidavit confirming that the children have not been in their care/custody/control for 30 days. After that, the abatement is automatic, and must be lifted if the children return to the care of the other parent.
 

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