Child Support Agency order vs Court ordered C/S

[mcwjjm]

What is the name of your state (only U.S. law)? Ohio. Good morning. Thanks again for the advice in the past. Things have taken a complicated turn but I'm dealing with it, no small part to the council on this forum!

Here's the deal. My two youngest children and their mother moved out in March. In February I reopened our case with FCCSEA and began paying her C/S [via USPS M.O.] volunterally because I feel that was in the best interest of the children. At that time they said I could either go through them or the courts [my choice]. At that time I didn't have her forwarding address. Then in early February my oldesy son [who I was granted custody in October] treatened to harm himself and others at school and was taken in for observation and has been in protective custody ever since. He's improving nicely and the plan is for him to be reunited with me in the Fall. But I decided to postpone the pending custody / CS case until I had more information on his case.

In the mean time we received paperwork for our C/S hearing. I spoke with my case worker informing her that I'd decided to process our case in the courts and that neither of us would be attending the hearing. Then in the process of filing my Complaint 4 "allocation of parental rights / custody" was reminded about the mediation process. Because both parents are basically in agreement I decided to postpone filing and instead initiated a mediation meeting.

In the last two days I've received paper work for a mediation date and the support order from FCCSEA. The ordered support is exactly the amount I'm paying her now. I should also add that the state was granted temporary custody of my son and have worked out a C/S schedule for the remaining months that he'll be in residence. That was not taken into consideration with the other order as they had no prior knowledge as our court date for the magistrate is this Monday. I'm curious what formula they used to determine support w/o any documents from either party?

I know I have 30 days to appeal the administrative order but now wonder if I should? Questions: If I don't appeal and when we go through mediation and ultimately to court for custody will the court accept the FCCSEA order or will they toss it out? One more twist [I know, try living it] is that the mother of my other two children took an overdose Tuesday and is currently in a psych ward at a local hospital for observation [at least for the time being]. In the mean time the children are with me. Other than that things are blue skies and apple pie. TIA.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio. Good morning. Thanks again for the advice in the past. Things have taken a complicated turn but I'm dealing with it, no small part to the council on this forum!

Here's the deal. My two youngest children and their mother moved out in March. In February I reopened our case with FCCSEA and began paying her C/S [via USPS M.O.] volunterally because I feel that was in the best interest of the children. At that time they said I could either go through them or the courts [my choice]. At that time I didn't have her forwarding address. Then in early February my oldesy son [who I was granted custody in October] treatened to harm himself and others at school and was taken in for observation and has been in protective custody ever since. He's improving nicely and the plan is for him to be reunited with me in the Fall. But I decided to postpone the pending custody / CS case until I had more information on his case.

In the mean time we received paperwork for our C/S hearing. I spoke with my case worker informing her that I'd decided to process our case in the courts and that neither of us would be attending the hearing. Then in the process of filing my Complaint 4 "allocation of parental rights / custody" was reminded about the mediation process. Because both parents are basically in agreement I decided to postpone filing and instead initiated a mediation meeting.

In the last two days I've received paper work for a mediation date and the support order from FCCSEA. The ordered support is exactly the amount I'm paying her now. I should also add that the state was granted temporary custody of my son and have worked out a C/S schedule for the remaining months that he'll be in residence. That was not taken into consideration with the other order as they had no prior knowledge as our court date for the magistrate is this Monday. I'm curious what formula they used to determine support w/o any documents from either party?

I know I have 30 days to appeal the administrative order but now wonder if I should? Questions: If I don't appeal and when we go through mediation and ultimately to court for custody will the court accept the FCCSEA order or will they toss it out? One more twist [I know, try living it] is that the mother of my other two children took an overdose Tuesday and is currently in a psych ward at a local hospital for observation [at least for the time being]. In the mean time the children are with me. Other than that things are blue skies and apple pie. TIA.

Wow....

If you have a mediation date coming up and you and mom agree to some other child support figure in mediation, it will become a new court order and will override the FCCSEA administrative order...so it might not be worth appealing the order. Your mediation/court case will likely proceed more efficiently.

What do you intend to do regarding your other children? If your son is supposed to be released from protective custody to you, is that going to complicate things with them?

 

[mcwjjm]

Wow is right! Things somewhat hinge on what happens to mom and where her mind's at. We'd talked about shared custody before her world turned upside down. So the two of us need to sit down and talk things over when she's released. Our mediation meeting is on the 29th of July.

Regarding my oldest son, we were all living together when he was taken. He was'nt exactly happy with the newst the kid's weren't living with me but he knows I see them every weekend [bring them for visitation or family outings] and of course they adore him. On the legal front I would think his return would play into my favor in my custody case.

 

[LdiJ]

Wow is right! Things somewhat hinge on what happens to mom and where her mind's at. We'd talked about shared custody before her world turned upside down. So the two of us need to sit down and talk things over when she's released. Our mediation meeting is on the 29th of July.

Regarding my oldest son, we were all living together when he was taken. He was'nt exactly happy with the newst the kid's weren't living with me but he knows I see them every weekend [bring them for visitation or family outings] and of course they adore him. On the legal front I would think his return would play into my favor in my custody case.

No, his return wouldn't necessarily play into your favor. Your son threatened to harm himself and others enough that he was taken into protective custody. The fact that he will be better enough to come home in the fall may be in his best interest, but a judge might not consider it to be in the best interest of younger children to be living in the same home with him.

There is at least a small chance that you might have to choose between having your youngest children and your oldest son living in your home.

At least be cognizant of that possible issue.

 

[CJane]

The older child has been a ward of the state for going on 6 months and is maybe going to be returned to you 'in the fall'?

Under what circumstances did you gain custody? What happened between October and February that contributed to the child's desire to harm himself/others?

Has he been diagnosed with any psychiatric issues since he's been a ward?

Where is his mother?

Obviously there are all kinds of issues w/the younger two children and their mother - but counting on Older Son helping with your case is more than a little short-sighted.

 

[mcwjjm]

T.C.C. was granted April 28th. My son's permanent placement advisor, his G.A.L. and his clienitian have a progessive plan in place for his release. In addition to bi-weekly family counseling sessions we have progressed to spending time with his unit, then supervised outings with his "house residents" and family sessions at our home. Currently we're doing unsupervised day outings, then we'll move to night visits and weekend visits. As long as both parties, he and I, adhere to the plan we'll be reunited.

I gained custody after I initiated, simultaneously an E.M.C. and Complaint for Custody in July and in October the courts awarded him to me due to her continued neglect. After a battery of tests he was found to have no psychiatric issues but was diagnosed with ADHD. My son has struggled academically, socially and emotionally due to the unstable home the mother provided. One doctor diagnosed him with a "shared psychotic disorder" due to his mother's influence. Since he's been with me his grades have improved and things were going well until he "snapped" that one day. It caught everyone by surprise. Honestly, no one has an answer [at this point] what caused him to react that way. Obviously, I feel terrible but the fact is all the professionals familiar with my son feel his mother greatly contributed to his situation. All I can do is make sure he receives the care he needs and do what they ask. The mother attends weekly family sessions but has only visted him once since mid-March.

The older child has been a ward of the state for going on 6 months and is maybe going to be returned to you 'in the fall'?

Under what circumstances did you gain custody? What happened between October and February that contributed to the child's desire to harm himself/others?

Has he been diagnosed with any psychiatric issues since he's been a ward?

Where is his mother?

Obviously there are all kinds of issues w/the younger two children and their mother - but counting on Older Son helping with your case is more than a little short-sighted.