Question In Ohio? Please help??

[jacob333]

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

We have two boys ages 3 and 5. Wife cheated a year ago. I moved to my parents for 6 months. We continued to have shared parenting while I was gone. We agreed that I would pay her $400 a month so that she could get her own place, and I would move back into the condo, since she couldn't afford it. She got a place; I continue to pay $400 a month to insure my boys have a mother that can take care of them.
We agreed on getting a dissolution, since all assets have been divided and we agree on everything. As we are trying to save money for the dissolution, wife gets upset one day and goes to the CSEA, and files for child support behind my back. We have a hearing, and I said I wanted a lawyer, and had a few questions to by some time. Now we have another hearing in 3 days.
So here are a few questions about my situation.....

The CSEA does not take in account that I have the children half the time, so they are going to calculate it based on me being an absent parent. Can I file for child support from her, and lie just like she is, and say I have the kid’s full time, so that the orders will offset, and ultimately make the payment smaller for me?

Is there any way to by some more time with this, so that we can go ahead with the dissolution, and agree, and deviate from the calculation? (I called the CSEA, and they said they would not reschedule, but there has to be a way???)

Should I get a lawyer for this, or will it be just a waste of money?

I think of myself as a great father, and want the best for my boys. But it's just hard for me to understand why I have to support the kids for me, and help her support them, just because I make a few more dollars.
She now lives with the man she cheated on me with and his three boys. She has sufficient income, and is perfectly capable of supporting the boys for half the time.
Thanks in advance!!!!What is the name of your state (only U.S. law)?

 

[Ohiogal]

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

We have two boys ages 3 and 5. Wife cheated a year ago. I moved to my parents for 6 months. We continued to have shared parenting while I was gone. We agreed that I would pay her $400 a month so that she could get her own place, and I would move back into the condo, since she couldn't afford it. She got a place; I continue to pay $400 a month to insure my boys have a mother that can take care of them.
We agreed on getting a dissolution, since all assets have been divided and we agree on everything. As we are trying to save money for the dissolution, wife gets upset one day and goes to the CSEA, and files for child support behind my back. We have a hearing, and I said I wanted a lawyer, and had a few questions to by some time. Now we have another hearing in 3 days.
So here are a few questions about my situation.....

The CSEA does not take in account that I have the children half the time, so they are going to calculate it based on me being an absent parent. Can I file for child support from her, and lie just like she is, and say I have the kid’s full time, so that the orders will offset, and ultimately make the payment smaller for me?

Is there any way to by some more time with this, so that we can go ahead with the dissolution, and agree, and deviate from the calculation? (I called the CSEA, and they said they would not reschedule, but there has to be a way???)

Should I get a lawyer for this, or will it be just a waste of money?

I think of myself as a great father, and want the best for my boys. But it's just hard for me to understand why I have to support the kids for me, and help her support them, just because I make a few more dollars.
She now lives with the man she cheated on me with and his three boys. She has sufficient income, and is perfectly capable of supporting the boys for half the time.
Thanks in advance!!!!What is the name of your state (only U.S. law)?

YOu could lie and commit fraud which is a crime. Looks like you will NOT be doing a dissolution. Go for a contested divorce because you do NOT agree on child support. Hence all matters are NOT in agreement. What is the difference in income between you and HER? What type of schedule parenting do you have ordered?

 

[jacob333]

So does that mean she is committing fraud? Because I am not an absent parent, and we have the boys 50/50. I have them every Monday, and Tuesday, and every other Friday, Saturday, and Sunday. She has them every Wednesday, and Thursday.(not ordered, just verbally agreed) We actually agree on $400 a month for child support, but she has gone ahead with this accusing me of procrastinating on getting the dissolution paper work. And says she will not dismiss it, until it is done. The problem is I don’t have enough time to file, because it has to be reviewed first for 3 to 5 days. She is very back and forth. It’s still very possible for us to agree on everything, the problem is, we don't trust one another. Our income is a $5 dollar an hour difference. Can a lawyer really help me with getting the support lower, if this all goes through in 3 days?

Thank you, thank you, thank you!!!!!!

 

[jacob333]

P.S. I am paying $85 a month for health insurance for the boys, and have a letter stating I pay $120 a month for baby sitter. Does this matter at all?

 

[Ohiogal]

P.S. I am paying $85 a month for health insurance for the boys, and have a letter stating I pay $120 a month for baby sitter. Does this matter at all?

Those do factor in. Though the letter is hearsay. What you do is let them decide and then file objections within the court if they do not take into consideration time spent with the children. You could be considered the absent parent due to the fact that she is the one filing and absent parent just means the one not filing. I retract the statement about fraud.

 

[jacob333]

If I let them decide, they will start taking way more than $400 from my check, causing me some really bad financial problems in the process. Can they really do this with just a lawyer, and not have a judge make the decision? Don’t they need proof of Marriage and proof of the children being ours to go ahead with this? Otherwise, I could just find someone on the street and file for child support for their children.
Also, you said I am considered the absent parent, because she is the one that is filing. So that should mean I can file back at her, making her the absent parent, or at least have to prove that she isn’t….right?
Will it at least stall the support order if I have an Objection?
You are being a big help….Thank you so much!!!!!

 

[LdiJ]

If I let them decide, they will start taking way more than $400 from my check, causing me some really bad financial problems in the process. Can they really do this with just a lawyer, and not have a judge make the decision? Don’t they need proof of Marriage and proof of the children being ours to go ahead with this? Otherwise, I could just find someone on the street and file for child support for their children.
Also, you said I am considered the absent parent, because she is the one that is filing. So that should mean I can file back at her, making her the absent parent, or at least have to prove that she isn’t….right?
Will it at least stall the support order if I have an Objection?
You are being a big help….Thank you so much!!!!!

You are getting way too caught up in this "absent parent" thing.

Why do you believe that your child support will be much higher than 400.00?

Why are you dragging your heels on the dissolution? Why does it have to be reviewed for 3-5 days?

 

[Ohiogal]

If I let them decide, they will start taking way more than $400 from my check, causing me some really bad financial problems in the process. Can they really do this with just a lawyer, and not have a judge make the decision? Don’t they need proof of Marriage and proof of the children being ours to go ahead with this? Otherwise, I could just find someone on the street and file for child support for their children.
Also, you said I am considered the absent parent, because she is the one that is filing. So that should mean I can file back at her, making her the absent parent, or at least have to prove that she isn’t….right?
Will it at least stall the support order if I have an Objection?
You are being a big help….Thank you so much!!!!!

They have an ALJ at child support make the decision. Yes they can set child support administratively. It is set in the statute. You can then immediatley object and file said objection with the court. And they don't need proof marriage. The birth certificates are proof because in Ohio you either have to sign an AOP or be married when the children are born to get the father's name on the birth certificate.

You will have to pay child support with a $5.00 an hour difference but it won't be much -- even with a 50/50 time split. Also, you can't agree on everything IF she is filing for child support when she knows you are working towards dissolution. She doesn't have to review it for 3 to 5 days before filing. I have no clue what you are talking about that there.

 

[jacob333]

Child support will be higher because the CSEA considers you to be the absent parent, therefore assuming you do not have the children at all, and the mother needs full support. Butler county Ohio has two calculation sheets. One for shared parenting and one for sole-custody. The CSEA only uses the sole-custody worksheet. Making the Order much higher. She has been dragging her feet as well; it’s basically a money issue. But now with all this pressure, I am willing to do whatever it takes to go forward with this. Butler county Ohio has a case review office that must review all paper work before it can be filed to the clerk of courts. They get 3 to five days to do this.

 

[jacob333]

do any of you have the program, or are good at calculating the child support?
Should I hire a lawyer, even though I can't afford one?

 

[LdiJ]

Where did you get the information that the CSE can only use the sole custody worksheet? Sole custody is rare enough these days that they wouldn't have much to do if they could only work with sole custody cases.

 

[mommyof4]

do any of you have the program, or are good at calculating the child support?
Should I hire a lawyer, even though I can't afford one?

http://www.alllaw.com/calculators/Childsupport/ohio/

 

[jacob333]

I've already had one hearing with the CSEA, and they told me since she filed for it, they automaticlly assume she has sole-custody. Its crazy!!!

 

[OldandTired]

Settle down. Take a breath, and stop typing. You're really worked up here and not reading the advice that OG already gave you.

Let them file whatever they want, then object to it. I don't know if this is allowed, but if so, send a Certified, Return Receipt Requested, letter to whomever it is that is using the sole-custody worksheet, to advise them that this information is completely incorrect, that you share custody at 50%, and that you will issue a standing objection to anything and everything that does not reflect this.

Just make CERTAIN that you object to EVERYTHING!

 

[jacob333]

ok...I really appericate everyones advice. THANK YOU VERY MUCH!!!! please fell free to add anything if you can think of it. I know I'm a good father, and I just feel like I am getting SCREWED big time here!!