How long will she have to pay?

[Father-in-pain]

What is the name of your state?Ohio

Currently I am in a custody battle for my little princess. Her mother is stating to the court that she wants to move to Florida and even if they give me custody, she is leaving our daughter behind and going anyway. Her mother has a 4 year college degree in accounting but refuses to work. I work 12 hour shifts Friday, Saturday and Sunday so I am home Monday - Thursday to take care of our daughter. My wife admitted to the court that she has no job lined up in Florida but wants to take my daughter there and sleep on her cousins couch untill she gets a job. My question is this......IF I AM AWARDED PRIMARY CUSTODY AND AFTER MY WIFE MOVES AWAY, WILL THE COURT ORDER MY WIFE TO GET A JOB WITHIN A CERTAIN TIME PERIOD TO FINALLY START HELPING RAISE MY DAUGHTER?

 

[stepmom&mom]

They can't order her to get a job. However, if she has a degree and is capable of making a certain salary, they will most likely impute her income when calculating child support. Of course, this is all under the assumption that you are awarded primary custody. GL.

 

[Father-in-pain]

They can't order her to get a job. However, if she has a degree and is capable of making a certain salary, they will most likely impute her income when calculating child support. Of course, this is all under the assumption that you are awarded primary custody. GL.

I understand that they will calculate her possible income, but when will they make her start paying?

 

[carofl93]

We're in a similar spot, but are recieving sporatic support payments for my SD. Her mom was ordered to pay CS about 6 months after we gained custody. She was totally noncompliant with the information requests, so the state based her support payments on what her last job was paying. She doesn't have a job that we know of, but the CS money is coming from somewhere, and the arrears are getting bigger every day.

Good luck in your fight!

Carol

 

[stepmom&mom]

The child support would take affect effective the day that custody is awarded. As for how long she can go without paying before they go after her? If you are having child support handled through CSE, then it is up to them as to when they will take action (in my state it is after 3 months of nonpayment.) But no matter what, an arrearage will accrue until such time as she starts paying. Child support does not get put on hold just because a parent is out of a job. If they could get away with that, there are certainly some NCP's out there that would have taken advantage and quit their job in order to avoid paying.

 

[hittingrabbit]

If you win custody,the non-custodial parent upon a showing of complaint issued by you,and in some instances by the court,a child support award may be set.
Youe ex wife may be required to become employed,failure to do so may result in contempt proceedings.
A non custodial parent ordered to pay child support by a valid court order,
can be ordered by a court to seek employment.
It is presumned she having a 4 year colleage degree she is voluntarily unemployed,and or under employed.
May set the award based upon the current average pay scale of those simularily employed in the profession.
In addition upon an assertion from you that the mother leaving the state may be detrimental to the childs best intrest may prevent her from leaving the state.
If she wins custody of the minor child you may petition the court to prevent the move,citing it will be a detriment to the childs best intrest to be relocated such a far distance from her father,and would be a hardship for you to visit with your daughter.
Reminding the court her dicision to leave is hers,but her sole dicision should not effect the rights of you as the father or the minor child,as the daughter,by removing a father and daughter bond,particularily since she has no reasonable employment possibilities scheduled.

 

[LdiJ]

What is the name of your state?Ohio

Currently I am in a custody battle for my little princess. Her mother is stating to the court that she wants to move to Florida and even if they give me custody, she is leaving our daughter behind and going anyway. Her mother has a 4 year college degree in accounting but refuses to work. I work 12 hour shifts Friday, Saturday and Sunday so I am home Monday - Thursday to take care of our daughter. My wife admitted to the court that she has no job lined up in Florida but wants to take my daughter there and sleep on her cousins couch untill she gets a job. My question is this......IF I AM AWARDED PRIMARY CUSTODY AND AFTER MY WIFE MOVES AWAY, WILL THE COURT ORDER MY WIFE TO GET A JOB WITHIN A CERTAIN TIME PERIOD TO FINALLY START HELPING RAISE MY DAUGHTER?

Please don't take this as a bash...but you have basically been posting the same story about once a week since July. Are you no further along in the case than you were then?

 

[Father-in-pain]

Please don't take this as a bash...but you have basically been posting the same story about once a week since July. Are you no further along in the case than you were then?

My friend,

I dont take that as a bash because I know that it's hard to believe. However, to answer your question, yes I am still waiting for a date to be set.

 

[SingleMom67]

My friend,

I dont take that as a bash because I know that it's hard to believe. However, to answer your question, yes I am still waiting for a date to be set.

You haven't gotten a date in front of a magistrate in 2 1/2 months? This isn't even a judge, but a magistrate right????? What am I missing?

 

[betterthanher]

You haven't gotten a date in front of a magistrate in 2 1/2 months? This isn't even a judge, but a magistrate right????? What am I missing?

You'd be surprised in Ohio. Just to get an appeal hearing on child support scheduled took over 2 months. I can only imagine custody is longer. Plus, with the holidays quickly approaching (can you believe Thanksgiving is about 5 weeks away), anything submitted now MIGHT BE LUCKY if they get a date before years-end.

 

[betterthanher]

If you win custody,the non-custodial parent upon a showing of complaint issued by you,and in some instances by the court,a child support award may be set.
Youe ex wife may be required to become employed,failure to do so may result in contempt proceedings.
A non custodial parent ordered to pay child support by a valid court order,
can be ordered by a court to seek employment.
It is presumned she having a 4 year colleage degree she is voluntarily unemployed,and or under employed.
May set the award based upon the current average pay scale of those simularily employed in the profession.
In addition upon an assertion from you that the mother leaving the state may be detrimental to the childs best intrest may prevent her from leaving the state.
If she wins custody of the minor child you may petition the court to prevent the move,citing it will be a detriment to the childs best intrest to be relocated such a far distance from her father,and would be a hardship for you to visit with your daughter.
Reminding the court her dicision to leave is hers,but her sole dicision should not effect the rights of you as the father or the minor child,as the daughter,by removing a father and daughter bond,particularily since she has no reasonable employment possibilities scheduled.

Once again, no court can "order" anyone to get a job. But, I have seen case law in Ohio where parents have lost custody based on that alone.

 

[SingleMom67]

You'd be surprised in Ohio. Just to get an appeal hearing on child support scheduled took over 2 months. I can only imagine custody is longer. Plus, with the holidays quickly approaching (can you believe Thanksgiving is about 5 weeks away), anything submitted now MIGHT BE LUCKY if they get a date before years-end.

Holy crap. I know it can take as much as 3-4 months here in PA to get a hearing in front of a judge. But a master (equivalent of a magistrate), it's much, much faster. Yikes!!!!

In any event, OP isn't going to get child support (if at all) until the custody matter is settled.

 

[Father-in-pain]

Holy crap. I know it can take as much as 3-4 months here in PA to get a hearing in front of a judge. But a master (equivalent of a magistrate), it's much, much faster. Yikes!!!!

In any event, OP isn't going to get child support (if at all) until the custody matter is settled.

I sorry, but what is "OP"?

 

[SingleMom67]

I sorry, but what is "OP"?

Original Poster.