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Changing custody

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Angela1119

New member
What is the name of your state? Ohio

Hello,
I currently live in Ohio, as does my ex-husband. We have 50/50 custody of our 4 children (oldest turned 18 and graduated this past June, others are 16, 13, and 12). Neither of us pay child support to the other. He is supposed to have the kids Friday through Sunday (unless I work Sunday night, then he has them until Monday) and I have them Monday through Thursday. He is supposed to pay half of all costs related to school and school activities, including clothing. We are supposed to do one week on, one week off during the summer and extended school breaks. It's the typical 50/50 parenting plan for Ohio with me being the residential parent for school only.
He has never followed the agreement. We were divorced in March of 2023. He has not seen my oldest since January. He has not seen my daughter since March. (Neither child had a bed at his new house so they told him they wouldn't go without one. He did nothing to remedy the situation so they stopped going and he stopped asking for them.) He has had my youngest two over once since May. Prior to this, he had them *maybe* a total of 30 overnights since the divorce, in over a year and a half. He refuses to pay or reimburse me for anything related to the kids. He simply says he does not have to. (He did give me $150/child last August to help with back to school supplies). I was a travel nurse and worked weekends making great money but had to quit because he was not getting them during his required time. I was not able to work in another city, an hour away, and leave the kids home by themselves for 3 straight overnights.
He claimed all 4 of the children on his taxes, even though our agreement says he can only claim 2, so my taxes were bounced back and I was forced to file by paper/mail.
The last time the two youngest kids went over (last weekend, first time since May), they had to sleep on the couch. Their beds were taken down to give their new step-siblings more room. This is what they were told. (Their father's new wife has 5 children and it's only a 3 bedroom house).
My question, now that you have the back story, is, can I get custody changed? He obviously cannot handle the 50/50 custody and my thought was maybe he could handle every other weekend. He does not give a reason for not getting the kids. He just stopped showing up. I am struggling tremendously to pay for 4 kids on my own. My salary was cut in half when I had to quit travel nursing and take a staff nursing job. Would a judge change custody and give me child support? When we first split, he promised he would always be involved in their lives and I believed him, which is why I agreed to no child support and shared parenting.
 


LdiJ

Senior Member
What is the name of your state? Ohio

Hello,
I currently live in Ohio, as does my ex-husband. We have 50/50 custody of our 4 children (oldest turned 18 and graduated this past June, others are 16, 13, and 12). Neither of us pay child support to the other. He is supposed to have the kids Friday through Sunday (unless I work Sunday night, then he has them until Monday) and I have them Monday through Thursday. He is supposed to pay half of all costs related to school and school activities, including clothing. We are supposed to do one week on, one week off during the summer and extended school breaks. It's the typical 50/50 parenting plan for Ohio with me being the residential parent for school only.
He has never followed the agreement. We were divorced in March of 2023. He has not seen my oldest since January. He has not seen my daughter since March. (Neither child had a bed at his new house so they told him they wouldn't go without one. He did nothing to remedy the situation so they stopped going and he stopped asking for them.) He has had my youngest two over once since May. Prior to this, he had them *maybe* a total of 30 overnights since the divorce, in over a year and a half. He refuses to pay or reimburse me for anything related to the kids. He simply says he does not have to. (He did give me $150/child last August to help with back to school supplies). I was a travel nurse and worked weekends making great money but had to quit because he was not getting them during his required time. I was not able to work in another city, an hour away, and leave the kids home by themselves for 3 straight overnights.
He claimed all 4 of the children on his taxes, even though our agreement says he can only claim 2, so my taxes were bounced back and I was forced to file by paper/mail.
The last time the two youngest kids went over (last weekend, first time since May), they had to sleep on the couch. Their beds were taken down to give their new step-siblings more room. This is what they were told. (Their father's new wife has 5 children and it's only a 3 bedroom house).
My question, now that you have the back story, is, can I get custody changed? He obviously cannot handle the 50/50 custody and my thought was maybe he could handle every other weekend. He does not give a reason for not getting the kids. He just stopped showing up. I am struggling tremendously to pay for 4 kids on my own. My salary was cut in half when I had to quit travel nursing and take a staff nursing job. Would a judge change custody and give me child support? When we first split, he promised he would always be involved in their lives and I believed him, which is why I agreed to no child support and shared parenting.
Your oldest is 18 and no longer factors into the custody matter. As far as the other three are concerned you really need a full six months of the children spending very little time with him before you can try to get custody changed based on status quo. It will be another month before its been 6 months for the 16 year old and another 3 months before its been 6 months for the younger two. Therefore you would be in a stronger position if you wait.

As far as the taxes are concerned, the IRS does not care what you agreed to in the divorce settlement. Or even what the state court judge orders. The IRS only cares where the children primary reside, which in their definition is where the children primarily sleep at night. That is with you based on how things have been going, and was still you even with your semi 50/50 custody plan. Keep a running calendar of the nights the children spend with you, even if it seems silly to do. That is the kind of evidence that the IRS wants to see if they decide to investigate the duplicate claim.

Eventually he is going to have to pay back the IRS for all of the excess refunds that he has received. That will hurt him big time when it finally comes home to roost.
 

not2cleverRed

Obvious Observer
Quoting for emphasis:

I am going to suggest that you try to limit your discussions with your ex about deviating from the custody agreement via email.
Document, document, document the deviations from the custody agreement, so that you will have evidence of the "change in circumstances" when you do go to court.

Do not get overly emotional in your communications. Be direct and factual, as well as calm and civil.

Do not threaten to go to court. You file the petition when it's time, and just let the paperwork speak for itself.

When you make your move to amend the custody agreement, be prepared for dad to suddenly try and parent up to avoid owing money.

Address custody first. Whether there will be changes in the $0 child support will flow from that. Know that dad will do what he can to avoid owing any $. Also be aware that the courts are used to people behaving badly and trying to avoid their parental obligations.
 

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