What a Mess!

[aslyn]

What is the name of your state?Ohio

Hi all,
I was previously married and had 2 children, we divorced and I gave custody to my ex because my life was in shambles, I didnt have a job, house, or a HS diploma..I was ordered to pay child support..$400 a month..this was in 2000 I made payments as I could since I had no tangible income he made $12 an hour at the time and I was considered minimum wage..he never allowed me visitation rights as he feels i am "out to get him". I am now remarried and have 2 children with my current husband..life is a bit more stable but he was unable to work due to a disability so my income has been the sole financial support for our family (he just was able to go back this week after 4 yrs) . due to the economy I have had little success keeping a job more than 6 months, so my child support is past due. I have contaced the CSEA on several occasions to lower my support, and today I am sending a certified letter to the worker. my question is this..can my support be lowered? Should I try to find a pro bono attorney? (I certainly cant afford one I only make $640 a month, and legal aid wont take my case)? Will the fact that I have other children factor in if I ever get a hearing?

I wanted to add here that I realize this is a really hot issue on all sides, I am not a deadbeat mother by choice..I want to see and spend time with my children, every single paycheck I have EVER gotten I have sent some $ to child support even if I couldnt afford my rent. Alot of people judge those of us in these types of situations, but please before the hate mail starts rolling in understand I am NOT by any means running around blowing money I dont have..I am simply keeping food on the table and paying bills for my 2 younger children as well.

[Silverplum]

Originally Posted by aslyn

What is the name of your state?Ohio

Hi all,
I was previously married and had 2 children, we divorced and I gave custody to my ex because my life was in shambles, I didnt have a job, house, or a HS diploma..I was ordered to pay child support..$400 a month..this was in 2000 I made payments as I could since I had no tangible income he made $12 an hour at the time and I was considered minimum wage..he never allowed me visitation rights as he feels i am "out to get him". I am now remarried and have 2 children with my current husband..life is a bit more stable but he was unable to work due to a disability so my income has been the sole financial support for our family (he just was able to go back this week after 4 yrs) . due to the economy I have had little success keeping a job more than 6 months, so my child support is past due. I have contaced the CSEA on several occasions to lower my support, and today I am sending a certified letter to the worker. my question is this..can my support be lowered? Should I try to find a pro bono attorney? (I certainly cant afford one I only make $640 a month, and legal aid wont take my case)? Will the fact that I have other children factor in if I ever get a hearing?

I wanted to add here that I realize this is a really hot issue on all sides, I am not a deadbeat mother by choice..I want to see and spend time with my children, every single paycheck I have EVER gotten I have sent some $ to child support even if I couldnt afford my rent. Alot of people judge those of us in these types of situations, but please before the hate mail starts rolling in understand I am NOT by any means running around blowing money I dont have..I am simply keeping food on the table and paying bills for my 2 younger children as well.

Blah blah blah.
Deadbeat.

[kat1963]

How much do you owe?

KAT

[amiegaines654]

Originally Posted by aslyn

What is the name of your state?Ohio

Hi all,
I was previously married and had 2 children, we divorced and I gave custody to my ex because my life was in shambles, I didnt have a job, house, or a HS diploma..I was ordered to pay child support..$400 a month..this was in 2000 I made payments as I could since I had no tangible income he made $12 an hour at the time and I was considered minimum wage..he never allowed me visitation rights as he feels i am "out to get him". I am now remarried and have 2 children with my current husband..life is a bit more stable but he was unable to work due to a disability so my income has been the sole financial support for our family (he just was able to go back this week after 4 yrs) . due to the economy I have had little success keeping a job more than 6 months, so my child support is past due. I have contaced the CSEA on several occasions to lower my support, and today I am sending a certified letter to the worker. my question is this..can my support be lowered? Should I try to find a pro bono attorney? (I certainly cant afford one I only make $640 a month, and legal aid wont take my case)? Will the fact that I have other children factor in if I ever get a hearing?

I wanted to add here that I realize this is a really hot issue on all sides, I am not a deadbeat mother by choice..I want to see and spend time with my children, every single paycheck I have EVER gotten I have sent some $ to child support even if I couldnt afford my rent. Alot of people judge those of us in these types of situations, but please before the hate mail starts rolling in understand I am NOT by any means running around blowing money I dont have..I am simply keeping food on the table and paying bills for my 2 younger children as well.

So you are seeking legal advice to lower you CS, but no legal advice on how to enforce the visitation you say is being denied to you??? There is something wrong with that!!

[ohdadofive]

Originally Posted by aslyn

What is the name of your state?Ohio

...he never allowed me visitation rights as he feels i am "out to get him". ...

I take it that you do not want your kids since you aren't worried about being denied visitation. You are just worried about the money. Correct me if I'm wrong here, but that is how it appears. If that is the case, you will have a tough time in court. Unfortunately, the kids are caught in the middle. Check this out from the Ohio State Bar Association.....

Q.: May one parent prevent a child from seeing a parent who doesn't pay child support?
A.: No. A parent who deliberately denies court-ordered parenting time rights may be considered in contempt of court, which is punishable by a jail sentence, a fine, attorney fees, and court costs. Also, if the parent who is denied parenting time seeks a change of custody, the custodial parent's deliberate withholding of parenting time rights may be an important factor to the court in deciding who will receive custody. Depriving a parent of time with a child is not one of the ways to get legal help in collecting child support.

Q.: May a parent whose rights of parenting time are denied withhold child support from the custodial parent?
A.: No. In the same way that a custodial parent may not deliberately disobey court-ordered parenting time rights in order to attempt to collect child support from a non-paying parent, the non-custodial parent also may not willfully disobey a child support order. Withholding support payments may be considered contempt of court, which is punishable by a jail sentence, fines, attorney fees, and court costs. Also, if the parent who withholds child support seeks custody, the deliberate non-payment of support may become an important factor in deciding that issue. The law provides remedies for denial or interference with parenting time. Depriving a child of support is not one of them.

The courts ordered you to pay $400 a month. You must pay it until it until the courts change it. You may not want to be called a deadbeat but the legal definition of deadbeat is "someone who fails to meet a financial obligation". Be grateful the father has not filed contempt of court charges against you as is his right.

You will have to prove to the courts that you are not able to meet this obligation. One thing you might want to consider, are you willing to risk an increase in your support payments? If you include the 2 children you currently have as an expense, you may also have to include any income from your current husband.

Just something to think about.