Transportation and employment

[1239]

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

I am a stepmom and I am looking for information before my husband calls the lawyer and gets charged for an answer! I know that 3rd parties are frowned upon, but I would appreciate any help.

My husband filed for custody of his 12 year old daughter last year; mom responded by requesting to move an hour away to live with her boyfriend and be a stay at home mom. The GAL in the case was very honest with my husband and said that his daughter loves him, but wants to stay with her mom. The GAL told him this was a difficult decision for her because she did not approve of mom's lifestyle choices personally, but she couldn't let her personal opinions effect her professional responsibility. Her recommendation was that the child stay with her mom and that the visitation remain the same (Tues, Thurs, every other weekend) and that mom be responsible for the transportation.

My husband reluctantly agreed; he wants his daughter to be happy even though he doesn't like the idea. It was agreed that her mom would provide all transportation UNLESS she got a full-time job outside the home. If that happens, dad goes to pick up daughter for visitation and mom picks her up at the end.

Mom has now gotten a job. They are allowed to move next week. She hasn't said anything to my husband about the job other than in a text she stated daughter was with grandma because she was working. He has heard from one of her family members that her job is contingent; she works when needed, which means some weeks she may be full time and the next week not work at all.

When Mom tells my husband she is working, how should he respond? She has been less than honest with her children's fathers, so he can't really take her word for it. Does she have to prove employment to him or to the courts? And how? The agreement was made in October and he hasn't received anything in writing from the courts yet.

Any guidance would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[TheGeekess]

If Mom says she's working, Dad should accept it at face value. Why stir up drama if it's not necessary?

 

[Isis1]

mom said she is working full time.

okay. and that is where it ends.

look at it this way. dad refuses daughter to being daughter back. mom files for contempt. before the judge, mom says "i'm working full time". dad says "no, she isn't". she says "yes i am". judge says, "how do you know she isn't working full time" dad says, "cuz i heard from a friend of a friend of the cat's next door neighbor that she wasn't"

see?

 

[1239]

I do understand what you are saying, it's just difficult to take the word of someone who, as the GAL stated, "walks the fine line of the court order."

Not that it matters, but dad also has three kids under 6 at home and driving 2 extra hours isn't something he's excited about. He would do it, of course, so he can see his daughter, but it's difficult to do that after working a full day.

Contempt isn't even an issue since he is required to pick up, not drop off.

Thank you for your help.

 

[Ohiogal]

Dad, if there is a case for any reason, say to recalculate child support since mom has gotten a job, can subpoena mom's employer for her work hours, pay rate and everything else dealing with employment.

Ohio requires BOTH PARENTS incomes. Was mom imputed with an income originally? Has dad's income increased.

 

[1239]

Dad, if there is a case for any reason, say to recalculate child support since mom has gotten a job, can subpoena mom's employer for her work hours, pay rate and everything else dealing with employment.

Ohio requires BOTH PARENTS incomes. Was mom imputed with an income originally? Has dad's income increased.

Yes, mom's income was imputed around 3 years ago. They assigned her a minimal amount (I believe 10,000). Dad's income has actually decreased quite a bit in the past year due to lack of work (he is in construction). He has considered requesting a review of child support, but has hesitated because it's not about the money. It's about the time with his daughter.

Which leads me to another question...when Mom was told she was going to provide transportation, it was agreed that she would drop the daughter off at our house at 5:30. If dad has to pick up, does he have to wait until 5:30 to pick her up? He won't get home until 6:30 (in good weather without traffic). Again, he hasn't received anything from the courts, but I'm going to assume that it will say that parenting time starts at 5:30, which means he won't be able to pick her up until then. Am I correct?

Again, thank you for your help.

 

[stealth2]

If the latest order is silent on the time, then whatever time was originally ordered would stand.

 

[Ohiogal]

Yes, mom's income was imputed around 3 years ago. They assigned her a minimal amount (I believe 10,000). Dad's income has actually decreased quite a bit in the past year due to lack of work (he is in construction). He has considered requesting a review of child support, but has hesitated because it's not about the money. It's about the time with his daughter.

Which leads me to another question...when Mom was told she was going to provide transportation, it was agreed that she would drop the daughter off at our house at 5:30. If dad has to pick up, does he have to wait until 5:30 to pick her up? He won't get home until 6:30 (in good weather without traffic). Again, he hasn't received anything from the courts, but I'm going to assume that it will say that parenting time starts at 5:30, which means he won't be able to pick her up until then. Am I correct?

Again, thank you for your help.

Stealth is correct about the pickup time. MOm should be imputed with full time minimum wage which is $7.30 an hour for 40 hours a week for 52 weeks a year. Dad can attempt to modify child support through the court and subpoena the work records.

If mom is working full time she needs to prove she is working full time. Have dad ask her for proof of full time employment. If not she is still required to do transportation.

 

[1239]

If mom is working full time she needs to prove she is working full time. Have dad ask her for proof of full time employment. If not she is still required to do transportation.

What type of proof? Pay stubs? Because she is contingent, she may work 40 hrs. one week and 10 the next. Can he ask for several pay stubs? What should he do if she refuses?

I'm looking into my crystal ball here...if mom says she's working and she won't bring daughter because she's working, should he just go get her? Or would that set a precedent? Or would it be best for him to file a police report and go through the courts. I'm trying to help him get his "ducks in a row" because they are set to move next week, which also happens to be dad's weekend.

I REALLY appreciate your help, OG. You have answered every question and seem to understand dad's position. Thank you so very much

 

[Ohiogal]

What type of proof? Pay stubs? Because she is contingent, she may work 40 hrs. one week and 10 the next. Can he ask for several pay stubs? What should he do if she refuses?

I'm looking into my crystal ball here...if mom says she's working and she won't bring daughter because she's working, should he just go get her? Or would that set a precedent? Or would it be best for him to file a police report and go through the courts. I'm trying to help him get his "ducks in a row" because they are set to move next week, which also happens to be dad's weekend.

I REALLY appreciate your help, OG. You have answered every question and seem to understand dad's position. Thank you so very much

He should go get his daughter if he wants to see her quite frankly. Would it set a precedent? No. He should however keep track and file for contempt if mom is not working. He should also look at filing for a child support modification due to the fact that mom is now working at more than what she was imputed.

I am an Ohio attorney. I understand Ohio law. If mom will not give him proof that she is working FULL TIME then he should file contempt. That will FORCE mom to prove to the court that she is working full time. And with an open contempt case he can subpoena the employer. He can file contempt pro se. Some counties in Ohio even have forms online with directions.

 

[1239]

Thank you OhioGAL!

You have been most helpful. I've lurked on here enough to know your reputation (knowledgeable and brutally honest!) and I hoped that you would help me, especially since you are in Ohio. I can't tell you how grateful I am!

 

[Ohiogal]

I should have said If Mom will NOT give him proof she is working full time AND will NOT pick up child, then he shoudl file for contempt. Realize I left out that second part of the phrase. Sorry about that.