Question In Regards to Agreed Modification of Shared Parenting Plan

[buck_n_a]

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

Hi guys. I have a couple quick questions that I am hoping I can get some help on. My sons mother and I have decided we want to make some changes to our current shared parenting plan. The two major changes are:

1.) I will become the Residential Parent for School purposes and she will have child every other weekend/standard holidays/4 weeks in the summer.

2.) I agreed to waive any request for child support (Since this may have impacts to the way we present the plan I am placing it in this forum as opposed to child support forum).

For item 2 I have read that in Ohio you can not waive child support but I can't find that information if it is agreed and part of the shared parenting plan. The reason for the waive is because the large discrepancy in our incomes and I agree she could not afford to to pay for any support at this time. To help offset the school tuition and other expenses I will have she agreed to let me claim him on the taxes every year

- Does Ohio allow for a waive of Child Support, and if not can it be as little as $1

- I think it is also possible for the judge to grant her child support even with the new agreement because the large gap in our incomes. She said she would sign an agreement (I personally think it would be useless and could not be upheld) and would just write me a check every two weeks when she gets the support but we both would not prefer that. I understand there is a lot of room for the judge to move in regards to child support but is it common for a judge not to agree to a shared plan as it is presented ( this applies to both changes we are seeking). We have been on the same shared parenting plan for 9 years and this is the first request for modification.

Thanks in advance for your help.

 

[mistoffolees]

You can certainly write up your new agreement and submit it to the court for signature.

As for CS, first run the OH CS calculator to see where you stand with the new arrangement:
Ohio Child Support Calculator - AllLaw.com

You can submit to the court that CS is waived. HOWEVER, after some time or after a change in circumstances, she could come back and ask for CS to be recalculated, so any waiver that you agree to is subject to change in the future.

 

[LdiJ]

You can certainly write up your new agreement and submit it to the court for signature.

As for CS, first run the OH CS calculator to see where you stand with the new arrangement:
Ohio Child Support Calculator - AllLaw.com

You can submit to the court that CS is waived. HOWEVER, after some time or after a change in circumstances, she could come back and ask for CS to be recalculated, so any waiver that you agree to is subject to change in the future.

He can do the same, so they are even on that one.

 

[buck_n_a]

Thanks you both for the replies.

I entered my income as the custodial (7700 month)

Here income as NCP as (1500 Month)

There is no way she could afford that and I think it would not be good for our son if she is asked to pay anything. Keeping fingers crossed for a reasonable judge.

 

[Zigner]

Let me state it very simply. You cannot PERMANENTLY waive support. You CAN waive support AT THIS TIME. But, it can be subject to review by the court at a later date if circumstances change.

 

[buck_n_a]

Makes a lot of sense Zinger. Thank you.

 

[Ohiogal]

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

Hi guys. I have a couple quick questions that I am hoping I can get some help on. My sons mother and I have decided we want to make some changes to our current shared parenting plan. The two major changes are:

1.) I will become the Residential Parent for School purposes and she will have child every other weekend/standard holidays/4 weeks in the summer.

2.) I agreed to waive any request for child support (Since this may have impacts to the way we present the plan I am placing it in this forum as opposed to child support forum).

For item 2 I have read that in Ohio you can not waive child support but I can't find that information if it is agreed and part of the shared parenting plan. The reason for the waive is because the large discrepancy in our incomes and I agree she could not afford to to pay for any support at this time. To help offset the school tuition and other expenses I will have she agreed to let me claim him on the taxes every year

- Does Ohio allow for a waive of Child Support, and if not can it be as little as $1

- I think it is also possible for the judge to grant her child support even with the new agreement because the large gap in our incomes. She said she would sign an agreement (I personally think it would be useless and could not be upheld) and would just write me a check every two weeks when she gets the support but we both would not prefer that. I understand there is a lot of room for the judge to move in regards to child support but is it common for a judge not to agree to a shared plan as it is presented ( this applies to both changes we are seeking). We have been on the same shared parenting plan for 9 years and this is the first request for modification.

Thanks in advance for your help.

With a shared parenting plan, most courts require a child support worksheet to be submitted. The child support worksheet should list mom as the obligor and you as the obligee. There are also places for downward deviations on the child support worksheet. If you have an attorney they can do it.
Is mom receiving any state aid? Do you have an attorney? What county? Because I know that 8 off the top of my head require the worksheet with any changes.

 

[mistoffolees]

Thanks you both for the replies.

I entered my income as the custodial (7700 month)

Here income as NCP as (1500 Month)

There is no way she could afford that and I think it would not be good for our son if she is asked to pay anything. Keeping fingers crossed for a reasonable judge.

As stated above, if you agree to waive it, the court will probably accept it. If she IS asked to pay for some reason, you are free to return the money to her.

To avoid problems down the road, I would suggest that she actually pay you and have you reimburse her (you could reimburse her first, if you wish) rather than simply having her not pay the court-ordered amount (if any).

 

[buck_n_a]

OhioGal

I do have a lawyer who will be helping write up the papers and submitting them to the court.

Mom is not receiving State as she is remarried and her husband makes a decent living

Fairfield County

 

[buck_n_a]

Double Post

 

[Ohiogal]

OhioGal

I do have a lawyer who will be helping write up the papers and submitting them to the court.

Mom is not receiving State as she is remarried and her husband makes a decent living

Fairfield County

File then and have your attorney name mom as the obligor and deviate to ZERO. That way you satisfy the necessity/wishes of having a child support case and MOM pays nothing. And if mom is the obligor (which she should be due to the schedule) then she would have to go back to court to force YOU to pay. Safeguards everyone but makes it able for mom to go to court on being the obligee. That way you are not suddenly surprised by an administrative order.