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4

4LilMan

Guest
What is the name of your state? OH
If my child has visitation with me for two months in the summer (uninterrupted), do I still pay all of the child support? We will have to pay for daycare b/c both my wife and I work until early afternoon. It is going to be very tight if ex gets all of the support. I will make things happen if I have to, but to have a bit of a break financially (even if it is a portion) would help with child care. Trying to come up with an agreement and we are due for court this fall. Thanks.
 


usmcfamily

Senior Member
Unless it is stipulated otherwise in the order then yes -- at least until you are able to have the court modify the support order to reflect the visitation schedule. It can go either way - some courts will reduce or stop the support obligation during times of extended visitation and some will not because the CP still has some "maintenance expenses" that are paid to maintain the child's home and lifestyle regardless of if the child is there at the time or not.......
Your best advice would be to seek a stipulation to clarify this matter once and for all so that there will be no arguing over it when the time comes.......:)
 
4

4LilMan

Guest
Thanks for your response...
She wants to keep the entire check while he is with me b/c they have another child and she doesn't work (IMO sounds like a personal problem, but I guess mine is too huh? LOL)...so an agreement on that issue is out of the question as far as she is concerned. I was just wondering what a judge would say if I requested this to be part of this agreement. I don't want the judge to rip my head off for asking. Oh well I guess I will just have to find out when I go to court. Thank you foryour response
 

usmcfamily

Senior Member
What state are you dealing with again (sorry - bad memory today)? Has everything been going through the same state or is there more than one involved??
I will gladly look up some specific info for you if I can find any.....
 
4

4LilMan

Guest
Ohio is handling this case but I am out of state. So it involves travel. I have tried looking this up but don't know where to go. And I get this "Judge Judy" image in my head every time I think abuot us going to court like I will get slammed if I request anything..LOL...Thanks alot.
 

usmcfamily

Senior Member
CHILD SUPPORT: Either or both parents may be ordered to pay child support. Marital misconduct is not to be considered in this award. Health care insurance may be ordered to be provided for the child and the spouse. Child support payments may be ordered to be paid through the state child support agency. There are official child support guidelines that are presumed to be correct unless there is a showing that the amount of the support award would be unjust or inappropriate under the particular circumstances of a case. Factors which may be considered in adjusting a child support amount are: (1) special or unusual needs of a child; (2) obligations for other minor or handicapped children; (3) other court-ordered payments; (4) extended visitation or extraordinary costs for visitation; (5) mandatory wage deductions (including union dues); (6) disparity in income between the parent's households; (7) benefits that either parent receives from remarriage or sharing living expenses with others; (8) the amount of taxes paid by a parent; (9) significant contributions from a parent (including lessons, sports equipment, or clothing); (10) the financial resources and earning capacity of the child; (11) the standard of living and circumstances of each parent and the standard of living the child would have enjoyed if the marriage had not been dissolved; (12) the physical and emotional conditions and needs of the child; (13) the medical and educational needs of the child; (14) the relative financial resources, other assets and resources, needs, and obligations of both the noncustodial and the custodial parent; (15) the need and capacity of the child for an education and the educational opportunities of the child; (16) the age of the child; (17) the earning ability of each parent; (18) the responsibility of each parent for the support of others; (19) the value of services contributed by the custodial parent; and (20) any other relevant factor. A child support computation worksheet is also contained in the statute. [Ohio Revised Code Annotated; Sections 3105.71, 3113.215, and 3113.217].
#4 is of interest .....and here is the link to the actual statutes online that it references...... ohio statutes


When it comes down to it you have nothing to lose by asking and may well gain ...... it might either show up in an overall reduction of the monthly amount that would adjust the yearly obligation by the appropriate amount to recognize your 2 months of parenting time OR they may stipulate no payment of the ordered amount during that time..........or you may get your "judge judy" moment (but I doubt that since there is statuatorial support for your request
 
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usmcfamily

Senior Member
GRRR........the darn link WON"T work so here is the text of what I was trying to send you to.... (pay attention to sectoin "d")
§ 3119.23 Factors relevant to granting deviation.
Text of Statute


The court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:

(A) Special and unusual needs of the children;

(B) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;

(C) Other court-ordered payments;

(D) Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order;

(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family;

(F) The financial resources and the earning ability of the child;

(G) Disparity in income between parties or households;

(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;

(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;

(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;

(K) The relative financial resources, other assets and resources, and needs of each parent;

(L) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;

(M) The physical and emotional condition and needs of the child;

(N) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;

(O) The responsibility of each parent for the support of others;

(P) Any other relevant factor.

The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in this section that are applicable to their situation.

If the court grants a deviation based on division (P) of this section, it shall specifically state in the order the facts that are the basis for the deviation.
 
4

4LilMan

Guest
WOW! Thanks alot. You have been a HUGE help. You don't know how much I appreciate you looking that up for me! You just gave me a bit of confidence. I am definitely going to go ahead with my request in court! I will let you know what happens! Thanks again!:D
 

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