Just a question

[Proserpina]

I did take responsibility. I did what I was required to do and sent in my ORDER STATING THAT I CLAIM THEM FOR TAX PURPOSES. I did what I was supposed to do. I also took the responsibility of putting myself through school, paying back all assistance that I received and supporting my three children on my own. I TOOK RESPONSIBILITY FOR RAISING MY CHILDREN and giving them anything and everything they needed to become respectable and decent young men.

Okay, so the tax thing is a non-issue?

Cool.

 

[sunsmiles1121]

I know what your saying. And yes, I couldn't ask for more. They are great kids, no trouble with the law or drugs. Working, it's just the point. I don't want them to feel that this is something they can get away with when they become fathers. He is still their father and I have never bad mouthed him or anything like that and they love him, even though they were really hurt by him. They understand that he made mistakes and because he was away for so long they defends the things that he does. I'm not saying that they shouldn't all I'm saying is that they deserve better. It's not about me, it's about them.

 

[Proserpina]

I know what your saying. And yes, I couldn't ask for more. They are great kids, no trouble with the law or drugs. Working, it's just the point. I don't want them to feel that this is something they can get away with when they become fathers. He is still their father and I have never bad mouthed him or anything like that and they love him, even though they were really hurt by him. They understand that he made mistakes and because he was away for so long they defends the things that he does. I'm not saying that they shouldn't all I'm saying is that they deserve better. It's not about me, it's about them.

Mom, we really do get your frustration. Truly.

But the bottom line is, there was no order to actually pay child support and by the time you filed for contempt for him not seeking work etc., it was too late.

I don't agree that it was an unusual ruling. In fact, I'd almost expect the judge to rule that way given the time-line.

I'm sorry - I know that's not what you want to hear. But I'm not seeing that you have any recourse at this point.

 

[sunsmiles1121]

Here is the example. This is what just got to me the most. Our youngest is a freshmen in college. He got his financial aid and everything, but it was not enough to pay for all his books. I gave him all that I could give him and he was still $100 short for books, his father is big on education, he has going to college before, during and after prison. So he asked his father if he could borrow it because I had already given him what I could give and he used all of his money from his paycheck towards it. His father told him no, that things were tight there and that they could barely pay the bills. But they just posted on their facebook, pictures of their new redone bathroom and sent an email to him telling him and my other son that they will be up in two weeks to spend the weekend at a hotel to go to a fundraiser for a friend of his who he hasn't seen in 15 years because he wrecked his motorcycle and is now paralized and is having a fundraiser to buy a new motorcycle.

 

[sunsmiles1121]

Here is a question. In Ohio, can an adult child go after their parent for child support if he never paid it???

 

[Proserpina]

Here is a question. In Ohio, can an adult child go after their parent for child support if he never paid it???

Mom, he was never ordered to pay. So there's no case - period.

IF there had been a child support order and you'd filed for contempt and he still didn't pay, you would be owed the money.

But the adult child? No.

 

[sunsmiles1121]

Thanks, I appreciate your help. Are you a lawyer here in Ohio???

 

[Proserpina]

Thanks, I appreciate your help. Are you a lawyer here in Ohio???

No, I am not.

But I am going to alert the Ohio attorney/GAL to this thread. She will hopefully take a peek and answer any further questions.

 

[sunsmiles1121]

Well, thank you, I appreciate all your advice

 

[Isis1]

Well, thank you, I appreciate all your advice

i'll also vouch for OHGal when she responds. but i will tell you, she'll say the same thing.

 

[mistoffolees]

You should have filed for contempt a month after he failed to report his income. And a month after that, and a month after that, until he complied. 3 years is a long time to do nothing, and then it was too late because he was in prison.

There were also years after he got out of prison. The divorce was in 1993. Mom has had PLENTY of time to file to try to get a real CS order in place. Or to get Dad charged with contempt.

Mom, we really do get your frustration. Truly.

But the bottom line is, there was no order to actually pay child support and by the time you filed for contempt for him not seeking work etc., it was too late.

I don't agree that it was an unusual ruling. In fact, I'd almost expect the judge to rule that way given the time-line.

I'm sorry - I know that's not what you want to hear. But I'm not seeing that you have any recourse at this point.

Agreed. The kids were probably all adults by the time of the most recent ruling. Mom didn't do anything during all the years that they were kids, so it's a little late now. Doctrine of laches if nothing else.

Here is a question. In Ohio, can an adult child go after their parent for child support if he never paid it???

First, the child can almost never go after NCP for child support. CS is to be paid to the custodial parent (or, very rarely, to the non-custodial parent) to help raise the child. The child is not eligible to receive it.

Furthermore, it's far too late. There is no child support order (simply an order for Dad to report to CSE and look for a job). And we don't even know that he didn't do those things. Maybe he DID look for a job. Maybe he DID report to CSE, but since he didn't have an income, they didn't follow up. But unless there was an order saying that Dad had to pay $xxx per month, then there's no enforceable CS order, so no arrears for anyone to collect.

 

[Ohiogal]

i'll also vouch for OHGal when she responds. but i will tell you, she'll say the same thing.

Yes I most likely would say the same thing. If there was no order and the children are over the age of 18, there is nothing this OP can do.

 

[sunsmiles1121]

I appreciate all of your responses. The point I was trying to make was I did contact CSEA about the child support. I never found out he was working for the year before he was sent to prison. Because he was in prison when I found out CSEA told me there was nothing that I could do. When he was released he was released to another state. I did file in court and it was constantly continued because of his excuses that he could not come. I do not hate my ex. All I wanted to know was if there is anything my children can do. Because I was on county and state assistance should CSEA not have been monitoring him? After all he was paying income taxes out of his pay checks?

 

[Proserpina]

I appreciate all of your responses. The point I was trying to make was I did contact CSEA about the child support. I never found out he was working for the year before he was sent to prison. Because he was in prison when I found out CSEA told me there was nothing that I could do. When he was released he was released to another state. I did file in court and it was constantly continued because of his excuses that he could not come. I do not hate my ex. All I wanted to know was if there is anything my children can do. Because I was on county and state assistance should CSEA not have been monitoring him? After all he was paying income taxes out of his pay checks?

None of this changes anything.