Change of custody - Arrearage

[Sunnydi5924]

What is the name of your state? Ohio

My ex-husband is in arrears approx $21,000.00 for two children aged 11 & 15. I have full custody, but my children want to live with their father in Tennessee.

If I allowed my children to live with him, would the courts rule child support to be paid AFTER his arrears were satisfied, or would I have to pay child support to him independent of the unpaid child support he owes me?

My ex has been working on them to live with him for over 8 years now and they resent me for not allowing them. My teenaged daughter has become completely disrespectful and an outright delinquent.

Our case has not been closed for more than two months since our divorce in 2000. He has not honored any agreement - EVER.

I am tired...

 

[Sunnydi5924]

Anyone know?

How child support arrearage is address with change of custody?

 

[moburkes]

I don't know.

 

[LdiJ]

What is the name of your state? Ohio

My ex-husband is in arrears approx $21,000.00 for two children aged 11 & 15. I have full custody, but my children want to live with their father in Tennessee.

If I allowed my children to live with him, would the courts rule child support to be paid AFTER his arrears were satisfied, or would I have to pay child support to him independent of the unpaid child support he owes me?

My ex has been working on them to live with him for over 8 years now and they resent me for not allowing them. My teenaged daughter has become completely disrespectful and an outright delinquent.

Our case has not been closed for more than two months since our divorce in 2000. He has not honored any agreement - EVER.

I am tired...

It might be possible to get the judge to order that any child support that you would owe to dad, would be first offset by his arrearages, until they are used up. However, that is not guaranteed.

If you don't think that its in your children's best interest to live with their father, then stand your ground and refuse to agree.

 

[GrowUp!]

Our case has not been closed for more than two months since our divorce in 2000. He has not honored any agreement - EVER.

I am tired...

So what have you done to hold him responsible? Under Ohio law, the agreement is considered a contract and both parties are legally bound to its' terms.

 

[Ohiogal]

What is the name of your state? Ohio

My ex-husband is in arrears approx $21,000.00 for two children aged 11 & 15. I have full custody, but my children want to live with their father in Tennessee.

If I allowed my children to live with him, would the courts rule child support to be paid AFTER his arrears were satisfied, or would I have to pay child support to him independent of the unpaid child support he owes me?

My ex has been working on them to live with him for over 8 years now and they resent me for not allowing them. My teenaged daughter has become completely disrespectful and an outright delinquent.

Our case has not been closed for more than two months since our divorce in 2000. He has not honored any agreement - EVER.

I am tired...

Ohio would not order you to pay child support if dad has provable arrearages. Dad would still be responsible for the arrearages under Ohio law. i have had cases in which this has happened.

 

[Sunnydi5924]

I have filed a contempt motion against him for non payment of the child support arrearages, his cashing in the children's college fund (25K) and his not paying me 401K funds he owes me from our original divorce order.

We have a hearing 05/25/07. I filed this only after he filed contempt against me for not allowing him the 2006 tax deduction or paying for 1/2 transportation costs.

This is a complicated case - see Attorney Malpractice under Sunnydi5924 for specifics...

As far as allowing him custody. The custody issue is not about him, it's about the children. He is truly an ass. However, he is their father and they want to know him. Good bad and ugly... I feel their loss and feel that they are somehow incomplete without him.

Divorce is horrible! Wish I had never married the rat - but it's even worse for our children...