easy question??????

[jacob333]

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

Ex applied for child support a few months ago. We had a hearing, and on Aug. 21st, I got an order for $730 a month. I objected to it and have a court date set for Nov. 4th. My plan is to get it dropped to $600 a month or less. (Lawyer advised)
My question is.....will I owe back child support once this is all over with, or will the support start after the final court date?

 

[CourtClerk]

You will owe back support from the date of the filing of the original petition.

So, if the petition was filed (for example) on June 1, but you don't get a final order until October, you will owe support all the way back from June 1.

 

[Zephyr]

What I did, and it worked really well, from the day I knew about the impending support I put that amount away each month, then when we finally got our orders I just paid it right off. I was in arrears for about a day and a half that it tool the check to get there....and I didn't have to pay interest that way

 

[jacob333]

original petition......meaning, the application she filled out to start the process?

 

[CourtClerk]

original petition......meaning, the application she filled out to start the process?

When they filed the papers with the court or when they filed with CSE

 

[CourtClerk]

What I did, and it worked really well, from the day I knew about the impending support I put that amount away each month, then when we finally got our orders I just paid it right off. I was in arrears for about a day and a half that it tool the check to get there....and I didn't have to pay interest that way

Which is the smartest thing to do... however, unfortunately, people NEVER do that. Why? I dunno.

 

[jacob333]

So if the court drops it to $600, and or we get a dissolution before the court date and deviate from the amount, i will back CS of $600 a month, Right?

 

[CourtClerk]

So if the court drops it to $600, and or we get a dissolution before the court date and deviate from the amount, i will back CS of $600 a month, Right?

That would be up to the court. They are under no obligation to modify the current order back to the filing date. There is already an order for $704, at this point that's what you owe. On Nov. 4, they may decide that you owe $600 from Nov. 4 going forward... then again, just because you object to the amount and you plan on getting the amount lowered, doesn't mean you will.

Just because you like an amount better than another amount is not a legal reason to get your support lowered. If this is the guideline amount, is the other parent willing to consent to a downward deviation????

 

[jacob333]

Yes she is agreeing to lower it to $600 a month, that’s why we are planning to get the dissolution, and deviate from the amount, so that the csea will back off. Also, I have the kids 50% of the time as well as pay for medical insurance for them, which should be legal reason to lower it.
This brings me to another question. If we get dissolution before the court date with the csea, will I owe back child support, or will that be up to us in the dissolution paper work?

 

[jacob333]

Yes she is agreeing to lower it to $600 a month, that’s why we are planning to get the dissolution, and deviate from the amount, so that the csea will back off. Also, I have the kids 50% of the time as well as pay for medical insurance for them, which should be legal reason to lower it.
This brings me to another question. If we get dissolution before the court date with the csea, will I owe back child support, or will that be up to us in the dissolution paper work?

 

[Isis1]

Yes she is agreeing to lower it to $600 a month, that’s why we are planning to get the dissolution, and deviate from the amount, so that the csea will back off. Also, I have the kids 50% of the time as well as pay for medical insurance for them, which should be legal reason to lower it.
This brings me to another question. If we get dissolution before the court date with the csea, will I owe back child support, or will that be up to us in the dissolution paper work?

CSEA will still uphold the court order. and they should.

 

[jacob333]

They can’t hold the court order, because the divorce court is a higher court than juvenile court. 3 lawyers have told me that.

 

[Isis1]

They can’t hold the court order, because the divorce court is a higher court than juvenile court. 3 lawyers have told me that.

child support enforcement agency absolutely can UPHOLD the child support order issued out in family court. it's what they do.

 

[jacob333]

That does make since. But why am I being told to hurry and file for dissolution so that we can deviate from the amount? And just say that they don't uphold it....will I still owe back child support?

 

[Isis1]

That does make since. But why am I being told to hurry and file for dissolution so that we can deviate from the amount? And just say that they don't uphold it....will I still owe back child support?

if the family court says you don't owe it, then CSE will uphold that. all CSE at that point will be the middleman/woman that makes sure you follow the orders from here on out. their job isn't to get you to pay more then what is court ordered, just to maintain it.

unless of course mom goes on state aid for whatever reason.