child support deviation

[shockergeek]

What is the name of your state (only U.S. law)? Ohio
In my seperation agreement it says that I will pay the mortgage payment on the house until my youngest child turns 18, graduates high school, or is emacipated, whichever occurs last. This is not spousal support, it is property settlement.

Now I agreed to make this payment because I didn't want my children growing up in a dump. I wanted to make sure they had a stable home, and wasn't being moved from house to house.
My question is, should this mortgage payment be used as a deviation on the child support worksheet?

 

[CSO286]

What is the name of your state (only U.S. law)? Ohio
In my seperation agreement it says that I will pay the mortgage payment on the house until my youngest child turns 18, graduates high school, or is emacipated, whichever occurs last. This is not spousal support, it is property settlement.

Now I agreed to make this payment because I didn't want my children growing up in a dump. I wanted to make sure they had a stable home, and wasn't being moved from house to house.
My question is, should this mortgage payment be used as a deviation on the child support worksheet?

It could be a reason to request a deviation from the guidelines, but it is no garuntee.

 

[shockergeek]

Ok I wasn't sure. I already have an administrative review coming up in july. She works for her attorney, and she has already stated that they are going to appeal the decision if it lowers the amount I pay. And the entire system in this county is messed up.

 

[GabrielVA]

Soooo.... say you lose your job b/c times are hard or you break your back or whatever and you cant make that mortgage payment. Not your fault, out of your hands BUT still say it happened. What then? Are you obligated to still pay it regardless in your agreement?? I hope you put a loophole in there. Just saying.

 

[shockergeek]

No there is no "loop hole" for that. I still have to make that payment regardless. I can't worry to much about getting hurt, or laid off etc. If it happens, it wont be my choice, and I will have to take it as it comes.
She has a camper that was in both of our names, and she can't get it refinanced because of her credit and income. She has already stated she would let the bank repo the camper, even though she is to make the payment according to the seperation agreement. I know she can't do that, and if she does I will file contempt charges on her for hurting my credit, as the separation agreement also states we can't do anything to hurt one anothers credit. So its the same deal....I will have to pay..she will have to pay.

 

[GabrielVA]

Gotcha man. Just tossing that out there.

 

[Ohiogal]

Ok I wasn't sure. I already have an administrative review coming up in july. She works for her attorney, and she has already stated that they are going to appeal the decision if it lowers the amount I pay. And the entire system in this county is messed up.

An administrative review does NOT allow for a deviation in child support. ONLY the court can do a deviation.

 

[shockergeek]

Ohiogal....yes I read that in the papers that I received from ODJFS. Like I said, she already stated they was going to appeal the decision of the review. I should have posted that when I stated I already have a review in july.
Im just trying to get everything in line for when I do have to go back to court.
Personally I think it should be applied as a deviation, but I know my personal opinion doesn't count. Almost $900 a month house payment, plus $1160 a month in child support. Hopefully it will go towards it when we go back to court. If not....then I guess I will have lived and learned.