Caselaw on Child Care

[jbachom]

What is the name of your state?What is the name of your state?OH

I would like to know if there is case law in Ohio regarding what age children are not required to be placed in child care.

My situation is this: I have been paying child support on three children for 7 years now and a large portion of the amount is for child care. My ex has lived with another man for 6 years and has a 5 year old child that his parents watch daily while she and her boyfriend work. They also watch my 13, 12 and 10 year old for about an hour before and after school. (I have no problem with the boyfriend and his family as they are genually nice people.)

The problem is that everytime we have gone to court and last year was a 3 year modification review she promises to start paying for daycare but never has proof she ever has. When asked to produce receipts she states that she does not pay. Knowing this, last year she produced a letter to the hearing officer stating she wanted to start paying 125/week to her boyfriends parents and he accepted this as evidence and awarded her money for daycare once again. Since the previous 6 years she has no proof of ever paying I doubt she is paying them now and realistically they watch the other child all day versus my children for about an hour or so before and after school.

She has threatened me stating that once I make more money she is going to take me back and I want to know at what point can I stop worrying about having to pay for child care that she pockets. I am tired of hearing about thier annual vacation to Florida when I can not even afford to buy my own child clothes from Wal Mart and instead have to go to a hand me down store.

 

[tadmartin223]

Welcome to the Unfair, USA.

I used to feel the same way. My daughter's mom has a new car, new clothes, goes all over the world and lives in another state all while collecting CS from me. But I've took a different approach to a situation like this.

You must keep in mind that CS hearings are SUPPOSED to be in the best interest of the child, but most of the time, the system is biased toward the custodial parent. As long as the children are being taken care of, regardless of if she's paying them to be watched or not, you will have to shell out the extra money as it is your repsonsibility. She IS required, however to produce receipts, vouchers, contracts, etc. proving that child care is in fact in place. You can file an objection to make her show cause.

I know, it's not fair at all, but this is the US court system. You WILL have to find other means of income in order to support yourself because the courts usually only takes the custodial parent's word over the non-custodial parent.

 

[jbachom]

Caselaw on Child Care Follow Up

Yeah, I know I do love my kids and I want them to be happy but I also want to provide more for my other child. I just wanted to know if there is anything out there that next time we go to court and she tries for an increase that instead of making her prove that she pays which we have always proved she does not that we can take another approach and say hey they are too old to even require day care and the care that is provided is for her other child with her boyfriend.

It is just unfair that she can manipulate the child support worksheet and get away with it. In my opinion going to court and lying to the magistrate stating that she will pay with no intention to pay is pergury. Not that I would want her to go to jail but it would send a message to play fair.

 

[tadmartin223]

Again, I know how you feel. I have a child that I care for (lives with me) and I know the feeling.

You can always have a lawyer present (they do provide lawyers for you, but think about it...you don't want someone that works for the state representing you. The lawyers, magistrates and court officers eat lunch together...) A lawyer's words are heard so much more than yours alone. As an officer of the court, lawyers are more respected than civilians. I know, they can be costly, but it will save you in the long run.

If she does not prove beyone a reasonable doubt that she pays for child care, get transcripts of the proceedings and take them to your lawyer. Have him present them in court. You can do the same thing without a lawyer. Some judges will correct their mistake if it is proven that one has been made, and others will get influriated and rule unfairly (as that has been happening anyway). It's a gamble.

Good luck.