Why would state take child support

[Bradley589]

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

My ex and I have a four year old daughter. I have been paying child support since she was 2 years old when I found out I had a daughter. I just recently got married and have another daughter. My child support amount was based on my ex not working but for the last year she has a part time job. She gets child care assistance, housing assistance, food stamps, wic etc. My wages are garnished for child support. Recently my ex asked me to give her more money (cash) because she said she can't afford food for our daughter. She said she no longer gets housing assistance because she is working (she may make $9 hr and she's stating she has to pay $700 a month for HUD housing) and she said the state is taking the entire amount of child support that is garnished and keeping it instead of giving it to her. Why would they do this? To repay benefits she received? They would take the entire check at once? When our daughter is with me she tells me mommy has no money and wants things like juice and says mommy can't buy her anything. Ex is telling me she only gets $20 in food stamps a month. Do they even award someone that low of an amount? I know by WIC income guidelines she qualifies for that. I already pay over $600 a month (make about $13 hr) and while I want my daughter to eat, I feel that my ex's bad choices are causing the problem. So I bought some milk and choice and some healthy snacks that my daughter will eat and sent them home with her (I only see her on weekends). My ex flipped out and told me I will NOT be seeing my daughter again. That I am cruel and she needs help and I am unwilling to help her. She told me she will not allow any more weekend visitations. She said I am all about my new daughter and buy everything for her and won't help out my first daughter. We have no custody agreement thru the courts. My child support was ordered in WV (where I live and where I filed) and my ex and my daughter live in OH. But my child support papers say WV has jurisdiction. However they say nothing about custody other than I am the non custodial parent.

I had an attorney that I paid over $3000 to for child support hearing. A lot of his time was wasted by my ex not showing up for court and the hearings being rescheduled. Also she refused to turn in the necessary paperwork so that dragged things out. After the child support hearing he refused to return my calls (he was supposed to do a custody hearing for me as well). We had drawn up a custody arrangement between us and the attorney was supposed to submit it to the judge to sign off on it but never did. I can't afford another attorney right now. Up until I got married my ex and I got along and she allowed me to see our daughter every weekend. Now she wants to stop that because I won't give her extra money. do I have any rights or do I have to give her the money so I can spend time with my daughter. I know she is lying to me about needing food for our daughter because she says she has to pay for food at daycare (not true, state would cover it and most daycares don't charge extra for meals) and she gets food stamps and WIC. Also because she got upset when I actually sent FOOD for our daughter home with her.

 

[Zigner]

You need to establish a visitation schedule through the courts.

 

[justalayman]

We have no custody agreement thru the courts.

then get one.

 

[Bradley589]

then get one.

Why would the state take my child support instead of giving it to my ex? would they take the entire amount each month?

How do I get a custody order without an attorney? I can not afford one. Can you go thru the courts without an attorney? Can we come up with something together and have a judge sign off on it or does the judge look at the evidence and decide? thank you for your advice

 

[Ohiogal]

And if your ex and child have lived in Ohio for more than six months, Ohio has jurisdiction over child custody/visitation.

 

[Ohiogal]

Why would the state take my child support instead of giving it to my ex? would they take the entire amount each month?

How do I get a custody order without an attorney? I can not afford one. Can you go thru the courts without an attorney? Can we come up with something together and have a judge sign off on it or does the judge look at the evidence and decide? thank you for your advice

You can file for visitation without a lawyer -- read the local rules, statutes and civil rules for the proper county court. You can agree upon something OR the judge will make a decision. And yes, it is possible that the state would take your entire child support -- especially if your ex has gotten cash assistance.

 

[Bradley589]

You need to establish a visitation schedule through the courts.

Thank you for replying. I do realize this but how do I go about it without an attorney? I do realize that this board is full off attorneys generously giving their advice without pay which I appreciate and that most are going to advise to get an attorney. I absolutely no way can I possibly afford one. I make around $13 hr, have two kids (I know, not my first daughter's problem) and pay over $600 a month for our daughter's care. The first attorney I had was supposed to draw up a custody agreement between the two of us (he had it in his office) just didn't submit it to the judge. I paid his retainer which he said in the beginning would cover both the child support case and having a judge sign off on a custody agreement (he said if it went to a judge to decide if we couldn't agree, then his fees would go up. But because my ex (who had a free attorney thru the state) didn't cooperate with anything that was requested from her, and she missed three court hearings that had to be rescheduled. That ate up my retainer. Not the attorney's fault, yes he should get paid, but not my fault either. I am the one who filed for support hearing. So please answer this- is there a way to file for a custody hearing without an attorney? Do I have any rights in WV as the Non custodial parent/ Can she just take our daughter and say nope you can't ever see her?

 

[Bradley589]

You can file for visitation without a lawyer -- read the local rules, statutes and civil rules for the proper county court. You can agree upon something OR the judge will make a decision. And yes, it is possible that the state would take your entire child support -- especially if your ex has gotten cash assistance.

Thank you so much Ohiogal. I will do that.

 

[Bradley589]

And if your ex and child have lived in Ohio for more than six months, Ohio has jurisdiction over child custody/visitation.

They have lived in OH our daughter's entire life. But I filed for child support in WV because that's where I live. Our child support papers state something to the effect that this (WV) court has jurisdiction regarding all child support and custody matters. Ex and daughter lived in OH when that was written. It was about 2 years ago that we received those papers. Is there a time limit for jurisdiction?

 

[Ohiogal]

They have lived in OH our daughter's entire life. But I filed for child support in WV because that's where I live. Our child support papers state something to the effect that this (WV) court has jurisdiction regarding all child support and custody matters. Ex and daughter lived in OH when that was written. It was about 2 years ago that we received those papers. Is there a time limit for jurisdiction?

WV has never had jurisdiction over custody. Did ex consent to jurisdiction? Oh wait, you never filed for custody so hence she could NOT have consented to jurisdiction in WV. Therefore, OHIO is the proper state per law.

 

[Silverplum]

Thank you for replying. I do realize this but how do I go about it without an attorney? I do realize that this board is full off attorneys generously giving their advice without pay which I appreciate and that most are going to advise to get an attorney. I absolutely no way can I possibly afford one. I make around $13 hr, have two kids (I know, not my first daughter's problem) and pay over $600 a month for our daughter's care. The first attorney I had was supposed to draw up a custody agreement between the two of us (he had it in his office) just didn't submit it to the judge. I paid his retainer which he said in the beginning would cover both the child support case and having a judge sign off on a custody agreement (he said if it went to a judge to decide if we couldn't agree, then his fees would go up. But because my ex (who had a free attorney thru the state) didn't cooperate with anything that was requested from her, and she missed three court hearings that had to be rescheduled. That ate up my retainer. Not the attorney's fault, yes he should get paid, but not my fault either. I am the one who filed for support hearing. So please answer this- is there a way to file for a custody hearing without an attorney? Do I have any rights in WV as the Non custodial parent/ Can she just take our daughter and say nope you can't ever see her?

Actually, the attorney is Ohiogal, and the rest of us are laypersons who did it themselves (or, in some cases such as mine, learned as a stepparent) and share knowledge.

Which Ohio county?

 

[Bradley589]

Ohio Gal I wasn't trying to argue with you sorry, Was just stating what my child support court papers say. Judge found that since the child was conceived in WV that WV that that court had jurisdiction. No I never filed for custody so I didn't realize that was separate jurisdiction. Ohio it is then. Belmont county.

And thank you to all of you that took time to reply.

 

[Silverplum]

Ohio Gal I wasn't trying to argue with you sorry, Was just stating what my child support court papers say. Judge found that since the child was conceived in WV that WV that that court had jurisdiction. No I never filed for custody so I didn't realize that was separate jurisdiction. Ohio it is then. Belmont county.

And thank you to all of you that took time to reply.

http://www.belmontcountycoc.com/

http://www.belmontcountycoc.com/representyou.php

http://www.belmontcountycoc.com/localrules.php

http://www.ohiocourtlinks.org/

 

[Bradley589]

http://www.belmontcountycoc.com/

http://www.belmontcountycoc.com/representyou.php

http://www.belmontcountycoc.com/localrules.php

http://www.ohiocourtlinks.org/

Thank you Silverplum!