Anger, Modifications, & Questions in Ohio

[kdbaby91]

What is the name of your state? ohio
My friend told her ex the amount of cs she wanted a month they broke it down to weeks. For the first year he pays her by check each week-stupid for some but he actually paid each saturday afternoon. then my friend got mad realized there was a typeo they had agreed on a dollar amount of $600 a month but in the papers it simply said by the week. The papers never said $600 so she goes to the csea and gets it for 150 a week regardless. He didn't pay the extra week when there was a five week pay so she is kind of getting an extra month added each year. So he says nothing, his kids so the less trouble the better visitation.
She gets mad again. Now I tried to talk her out of requesting a modification because I have dealt with the csea and there numbers can be good or really bad. Now it is on paper that the mod was denied because there wasn't a 10% change. But he called her and said that he was going to request an admin hearing because the dollar amount is like $9.00 from being 10% and the cs amount was never based on ohio guidelines. She is upset because she doesn't know if he can win. She has become accustomed to the 650 a month. I don't know what to tell her about this, not that she has listened in the past maybe if I have something to show her on the screen she'll believe me.
Can he win this hearing since there were no guidelines used and this was an agreed on amount?
The amount was initially in a dissolution decree and now is at csea?
If you need more info I can get it to offer you what you need...

 

[GrowUp!]

What is the name of your state? ohio
My friend told her ex the amount of cs she wanted a month they broke it down to weeks. For the first year he pays her by check each week-stupid for some but he actually paid each saturday afternoon. then my friend got mad realized there was a typeo they had agreed on a dollar amount of $600 a month but in the papers it simply said by the week. The papers never said $600 so she goes to the csea and gets it for 150 a week regardless. He didn't pay the extra week when there was a five week pay so she is kind of getting an extra month added each year. So he says nothing, his kids so the less trouble the better visitation.
She gets mad again. Now I tried to talk her out of requesting a modification because I have dealt with the csea and there numbers can be good or really bad. Now it is on paper that the mod was denied because there wasn't a 10% change. But he called her and said that he was going to request an admin hearing because the dollar amount is like $9.00 from being 10% and the cs amount was never based on ohio guidelines. She is upset because she doesn't know if he can win. She has become accustomed to the 650 a month. I don't know what to tell her about this, not that she has listened in the past maybe if I have something to show her on the screen she'll believe me.
Can he win this hearing since there were no guidelines used and this was an agreed on amount?
The amount was initially in a dissolution decree and now is at csea?
If you need more info I can get it to offer you what you need...

Huh?! (wrapping head in duct tape before head explodes)

 

[kdbaby91]

Need Ohio Gal!!!!

I am advice for my girlfriend. Not a stupid question-a legitimate question that i haven't been able to find an answer to anywhere on this site. Nor have I been able to find an answer anywhere else. i told my friend what I had seen here about running the numbers before asking for the modification. Now she hasn't listened and I am trying to help her out. I told her about this site and thought it would be helpful to here.
Why don't you take note of your screen name and do it!!!!!!
It is because of people like you that when this site is recommended to others that they turn away.
You are immature and really shouldn't be posting if you don't have ADVICE!!
Hope you are still wrapping the duct tape but move away from your head area and wrap up your hands unless you decide to be helpful.

 

[Silverplum]

Eh. Your post didn't make sense to me, either, yesterday or today. Coffee has not made a difference. I suggest you break it up into paragraphs and factual presentation with less emotion. That'd probably help.

 

[LdiJ]

I couldn't understand what you were asking either.

 

[moburkes]

I'll add my 2 cents to the rude OP. Your post is impossible to understand. Use the sentence structure that you learned during school. Then, re-read it before you save to to make sure that it makes sense.

 

[kdbaby91]

ok
My friend and her husband have 2 kids they agreed on child support of $600 a month or in other words $150 a week. The cs was paid by personal check each Sat as agreed upon, for about two and a half years. She got mad in the spring and went to cs to get her support through them. Due to what the dissolution stated of $150 a week she now gets $650 a month. Before he hadn't paid the week of a five week month.
Somehow she went ahead and requested a modification. It hasn't been 3 years the order was in AUG of 2003 nor has there been an increase in pays or circumstance.
The cs is to stay at the same amount (650/mo.)becuase it didn't fall into the 10% change that it is required to in order to change the cs amount paid...the amount on the modification paperwork was that he should pay $596 or so.
Now he has told her that he is requesting an administrative hearing to fight to have the cs changed because the original amount they had agreed on WAS $600 a month. Because this amount was never subject to Ohio Child Support Guidelines and was just a dollar amount that they agreed upon.
Can he win at this hearing based on that fact?
Does it make sense now?

 

[Silverplum]

ok
My friend and her husband have 2 kids they agreed on child support of $600 a month or in other words $150 a week. The cs was paid by personal check each Sat as agreed upon, for about two and a half years. She got mad in the spring and went to cs to get her support through them. Due to what the dissolution stated of $150 a week she now gets $650 a month. Before he hadn't paid the week of a five week month.
Somehow she went ahead and requested a modification. It hasn't been 3 years the order was in AUG of 2003 nor has there been an increase in pays or circumstance.
The cs is to stay at the same amount (650/mo.)becuase it didn't fall into the 10% change that it is required to in order to change the cs amount paid...the amount on the modification paperwork was that he should pay $596 or so.
Now he has told her that he is requesting an administrative hearing to fight to have the cs changed because the original amount they had agreed on WAS $600 a month. Because this amount was never subject to Ohio Child Support Guidelines and was just a dollar amount that they agreed upon.
Can he win at this hearing based on that fact?
Does it make sense now?

Let me make sure first:
He has now been ordered by CSE to pay $650/mo?
He thinks he should pay $596-600/mo?
Right?

 

[fairisfair]

I was thinking the same thing. . . . . are we arguing over $4 or $50 ?????

and then again, given the amounts, does either one really matter?? (special for you silver)

 

[Shay-Pari'e]

So he doesn't think the kids need to eat in a 5 week month? What part of *Every Week* does he not get?

Good luck with him getting it modified, CSS has ordered it at 650.00. I don't blame her for getting it ordered, because he wasn't paying every week.

 

[kdbaby91]

The decision of not changing his cs based on the modification papers was that the child support didn't decrease the 10% it has to in order to warrant a change in cs. But it also showed all of the numbers-his income, hers, insurance, etc. The end result was that his payment was $596. It would have had to go down to $585 for it to change.
It says on the paperwork that either party can request an admin hearing to appeal the modification decision. So, he says because the divorce never went through all of the numbers based on the Ohio calculation sheet he is going to appeal the decision and try to lower it to $596 that the guidelines says he should pay.
Sorry this is hard to do for someone else.

 

[kdbaby91]

No it wasn't as though he was mean. That was their agreement. The decree wasn't paid attention to when it was signed. She was surprised when csea changed his monthly payment to 650 because neither of them thought of it that way, the extra weeks a year.
He says she needs to learn her lesson with trying to get more money from him every time she is mad. And trust me he doesn't see as $50 a month he sees it as $600 a year. That is the only number that he kept saying to her on the phone.

 

[Shay-Pari'e]

No it wasn't as though he was mean. That was their agreement. The decree wasn't paid attention to when it was signed. She was surprised when csea changed his monthly payment to 650 because neither of them thought of it that way, the extra weeks a year.
He says she needs to learn her lesson with trying to get more money from him every time she is mad. And trust me he doesn't see as $50 a month he sees it as $600 a year. That is the only number that he kept saying to her on the phone.

Tell him to get over it. It is not up to him to teach anyone except himself what *Every Week* means.

 

[Ohiogal]

ok
My friend and her husband have 2 kids they agreed on child support of $600 a month or in other words $150 a week. The cs was paid by personal check each Sat as agreed upon, for about two and a half years. She got mad in the spring and went to cs to get her support through them. Due to what the dissolution stated of $150 a week she now gets $650 a month. Before he hadn't paid the week of a five week month.
Somehow she went ahead and requested a modification. It hasn't been 3 years the order was in AUG of 2003 nor has there been an increase in pays or circumstance.
The cs is to stay at the same amount (650/mo.)becuase it didn't fall into the 10% change that it is required to in order to change the cs amount paid...the amount on the modification paperwork was that he should pay $596 or so.
Now he has told her that he is requesting an administrative hearing to fight to have the cs changed because the original amount they had agreed on WAS $600 a month. Because this amount was never subject to Ohio Child Support Guidelines and was just a dollar amount that they agreed upon.
Can he win at this hearing based on that fact?
Does it make sense now?

Okay when I saw your post saying you needed me to answer and the statement about heeding my name and do it I about decided not to answer at all. The first post made no sense to me but this one does. Here is the thing:
The difference between 650 and 596 is $54. That is not a deviation of even 10% let alone more than 10%. August of 2003 is nearly close enough to 3 years. He can try to take it to court and then it is up to the judge's discretion. The hearing officer COULD per chance agree with his argument HOWEVER it is very unlikely. The reason being is that the amount was issued by order if it went through CSEA. The order deviating from the Ohio guidelines needs to go back through the court to be modified again. Or the two parties have to agree to the downward modification. So no he won't win based strictly on that fact. Because the only way CSEA can modify a support order is by the state law. The state law provides for the 10% deviation.
If HE went to court and showed a change in circumstances from when the original order was signed and used the modification amount then the court could possibly modify it.

 

[Ohiogal]

The decision of not changing his cs based on the modification papers was that the child support didn't decrease the 10% it has to in order to warrant a change in cs. But it also showed all of the numbers-his income, hers, insurance, etc. The end result was that his payment was $596. It would have had to go down to $585 for it to change.
It says on the paperwork that either party can request an admin hearing to appeal the modification decision. So, he says because the divorce never went through all of the numbers based on the Ohio calculation sheet he is going to appeal the decision and try to lower it to $596 that the guidelines says he should pay.
Sorry this is hard to do for someone else.

He has a right to appeal however don't look for CSEA to be sympathetic or care. He agreed to it. He should have been bright enough to put it through the calculator and not agree to $150 a week.