"Complaint to Set C/S" or "Motion to Set C/S"?

[mcwjjm]

What is the name of your state (only U.S. law)? Ohio. Never married. Entered into a shared custody agreement a few years ago establishing myself as the residential w/the mother having visitation. At that time we agreed neither party would pay C/S. Last year the mother moved out of state for 5 months - forfeited her Summer visitation - attempted suicide which lead me to file a "Motion to Terminate Custody" [there's more to the situation but my post principally concerns C/S]. She moved back in August and we agreed to resume our existing vistitaion schedule while enduring numerous continuances for my motion. In the mean time I have decided to change my plea to "Motion to Modify" as I do not wish to remove / limit her visitation or remove her as the children's legal mother.

I'm requesting to be named sole legal guardian and have all decision making rights which our GAL has already agreed would be in the children's best interest,. Before I file that motion I also want to file a Motion to Set Child Support, though she's not currently employed. My question is since the C/S is a new motion should it be file as a "Complaint" or simply as a "Motion" or does it really matter in this case? Also is it preferred to have the C/S handled in our upcoming custody hearing or should I focus on just the custody issue and address the seperate C/S issue through the county enforcement agency? TIA.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio. Never married. Entered into a shared custody agreement a few years ago establishing myself as the residential w/the mother having visitation. At that time we agreed neither party would pay C/S. Last year the mother moved out of state for 5 months - forfeited her Summer visitation - attempted suicide which lead me to file a "Motion to Terminate Custody" [there's more to the situation but my post principally concerns C/S]. She moved back in August and we agreed to resume our existing vistitaion schedule while enduring numerous continuances for my motion. In the mean time I have decided to change my plea to "Motion to Modify" as I do not wish to remove / limit her visitation or remove her as the children's legal mother.

I'm requesting to be named sole legal guardian and have all decision making rights which our GAL has already agreed would be in the children's best interest,. Before I file that motion I also want to file a Motion to Set Child Support, though she's not currently employed. My question is since the C/S is a new motion should it be file as a "Complaint" or simply as a "Motion" or does it really matter in this case? Also is it preferred to have the C/S handled in our upcoming custody hearing or should I focus on just the custody issue and address the seperate C/S issue through the county enforcement agency? TIA.What is the name of your state (only U.S. law)?

You could really go either way with it. Personally I would do it through the CSE after you establish the custody changes...if you are able to do so.

 

[meanyjack]

Being in Ohio, I'd lean more towards "Motion."

If you have NOT filed for the change in custody yet, you can simultaneously motion for child support as part of your motion for change of custody.

Or, as LdiJ suggested, you can simply contact your CSEA to get the child support stuff initiated since you have custody. That will not cost you anything. As far as her being unemployed, she'll still be ordered to pay. Is she voluntarily unemployed or not able to work per doctor's order?

 

[mcwjjm]

Thanks LdiJ and meanyjack. I'm leaning toward handling it seperately just to uncomplicate things [if that's possible] seeing I originally filed in May and some 9 months later still have no decision [other than that of the GAL]. She was employed for a few months when she returned to Ohio but that was temporary and ended in November. Not sure what's kept her from seeking employment. Since she mixed some pills New Year's Eve and fell down a flight of stairs suffering [luckily] only a broken toe. It's always one drama after another with her.