1st Post. Question about "back support"

[mcwjjm]

rmet4nzkx thanks. The only paternity is my name on a birth certificate and the fact their both on my family medical plan. Yes, on the M.O. is clearly states the money is for support for the two named children that have my last name. She got food stamps and title 20, which she only received because she lied about us living together.

Sorry for all these questions but how do I petition for visitation. Thanks!

 

[rmet4nzkx]

rmet4nzkx thanks. The only paternity is my name on a birth certificate and the fact their both on my family medical plan. Yes, on the M.O. is clearly states the money is for support for the two named children that have my last name. She got food stamps and title 20, which she only received because she lied about us living together.

Sorry for all these questions but how do I petition for visitation. Thanks!

Self-Help/Representing Yourself In Court
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http://www.ohiolegalservices.org/OSLSA/PublicWeb/Library/Index/2010000/2010004/index_html

 

[fairisfair]

I hate to say this but stop paying until the order has been set. Any money that you are giving her now will probably be seen as a gift, not support.

That is not correct, if you make payments, be sure that you do so by check or money order and note that it is for support and the names of your children, any payments that you make will be adjusted for during your child support hearing. Don't stop taking care of your kids, that is ridiculous. Start gathering receipts for any payments that you can prove from the past, remember that clothing, gifts etc. are not considered support, but MONEY is.

 

[mcwjjm]

On the Ohio Department of Job and Family Services webpage it address' this question.

Q. If the non-residential parent is sending me money directly, does that count as child support?

A. No. Those payments are considered gifts

Yes, the receipts clearly have their names and what the use of the monies are for. Thanks.

 

[MrsK]

On the Ohio Department of Job and Family Services webpage it address' this question.

Q. If the non-residential parent is sending me money directly, does that count as child support?

A. No. Those payments are considered gifts

Yes, the receipts clearly have their names and what the use of the monies are for. Thanks.

You could get a judge who does not like you & wants to screw you over. Even with proof. It happens everyday.

You really would be better off putting the money into an account, so you have it, until court comes & you have an order, then you can send the money through the state & no longer be in arrears.

 

[mcwjjm]

Yes, I'm afraid that you are correct. That it would be safer if I just opened a savings account in one of my children's name and deposited the money there.

 

[MrsK]

Yes, I'm afraid that you are correct. That it would be safer if I just opened a savings account in one of my children's name and deposited the money there.

Bring a statement from that account when you go to court. It will look good for you that you have been saving the $$, and not like you decided to just stop paying.

Again, also bring any emails/phonecalls that show proof that she lived with you & you supported the kids & proof of any C/S you've paid (the m/o's, etc) and any other proof you have of your support for your children since birth.

She will be less likely to be able to railroad you this way.

Try not to think of it as screwing your children over, but as protecting you and your children from a mother who wants to screw you over.

 

[mcwjjm]

The mother just emailed me and said that she now wants me to pick the kids up from day care tomarrow bt 4:00pm [after she said I was restricted from all contact with them and that I would be restricted from the day care as well] and that if I didn't pick them up by closing and children services was involved that she would use that against me. She has the proof of sending the email instructing me to pick them up but as custodial parent wouldn't 't she be the one who could get in trouble or would that apply to me as well? Are either one of us the "custodial parent" at this point?

 

[Tweety14]

The mother just emailed me and said that she now wants me to pick the kids up from day care tomarrow bt 4:00pm [after she said I was restricted from all contact with them and that I would be restricted from the day care as well] and that if I didn't pick them up by closing and children services was involved that she would use that against me. She has the proof of sending the email instructing me to pick them up but as custodial parent wouldn't 't she be the one who could get in trouble or would that apply to me as well? Are either one of us the "custodial parent" at this point?

I am not sure but since you two were not married I think the mother would be the custodial parent. I would do as the others say and not give her any money. You really need a lawyer. This lady sounds like a nutcase.Good luck!

 

[mcwjjm]

thanks

>>This lady sounds like a nutcase<< Indeed.

 

[rmet4nzkx]

The mother just emailed me and said that she now wants me to pick the kids up from day care tomarrow bt 4:00pm [after she said I was restricted from all contact with them and that I would be restricted from the day care as well] and that if I didn't pick them up by closing and children services was involved that she would use that against me. She has the proof of sending the email instructing me to pick them up but as custodial parent wouldn't 't she be the one who could get in trouble or would that apply to me as well? Are either one of us the "custodial parent" at this point?

save all the emails as evidence. Pick up your children you are in violaiton of no order. File in court as soon as you can and ask for emergency orders.

 

[betterthanher]

http://www.ncsea.org/international/intl_visitors/laws/retrochart2.php3

Your state allows back child support to the birth of the child**************..

This is not entirely correct and is misleading. All courts have discretion in some cases. If an order for support never existed, there is no LEGAL obligation for support, therefore, there is no back support owed.

In this case though, the court MIGHT simply because there is an acknowledgment, technically. But if she is going through CSEA in Ohio, then they (usually) will not pursue back support, it would be up to the custodial parent to do that. Once that order becomes final, any chance to pursue back support is then forfeited.

 

[betterthanher]

That is not correct, if you make payments, be sure that you do so by check or money order and note that it is for support and the names of your children, any payments that you make will be adjusted for during your child support hearing. Don't stop taking care of your kids, that is ridiculous. Start gathering receipts for any payments that you can prove from the past, remember that clothing, gifts etc. are not considered support, but MONEY is.

Again, you are giving very misleading information. This is not guaranteed that prior "support" will be counted if there was no court order. It will be considered a gift. While writing "support" on any money order or check will show some proof, again, it's up to the discretion of the court.

These two were never married and LEGALLY, there is no obligation to pay support until a court order exists. The OP really should be consulting with an attorney because there are way too many people tossing bullsh*t around in their responses.

 

[mcwjjm]

But if she is going through CSEA in Ohio, then they (usually) will not pursue back support, it would be up to the custodial parent to do that.

That is exactly what she said she will do. She thinks that "I owe her" and that the $500 a month I've been giving her isn't enough. She intends to "go after" back support and claims that her case worker said "it's possible" even if we were living together. Of course, she wasn't working during this time and I was footing 90% of the bills but there is no way for me to prove that.

 

[pixeltwistr]

Get a Lawyer

I think you need a GOOD lawyer! If she is doing all of this already then you have a LONG 18 years ahead of you! Make sure you find a fathers rights lawyer!