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How much should I share? What do I need to? (Ohio)

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cpeter22

Junior Member
What is the name of your state (only U.S. law)? Ohio

I'll try to be brief. It's a long and sordid story.

In October 2012, I was awarded sole physical and legal custody of my son, R. He is my only child. He was my ex's third, by the third mother, and he was not given custody of either his other son nor his daughter for the same reasons I was given custody of R- he is not stable, hops from "self employment" to "contracting", has a history of domestic violence (including against me), and is hostile and rude in parenting exchanges or any attempt at discussing matters related to our son. While I have sole legal and physical, he has the court ordered visitation schedule. This amounts to every other weekend and 3 hours Wednesday nights, with rotating holidays. There is a child support order in place that he does not pay, which has accrued over the months to an arrearage now of over $10,000. I did not initiate litigation. To be honest I hoped he would not, and that he would lose interest and go away. But alas, my son is a valuable tool in trying to maintain control over me, and so he pressed the issue, to his disadvantage in this case. I always let him have our son as was age appropriate and did not ask for anything outside of medical bills before court. He inflated his income falsely in a bid for residential custody and it backfired spectacularly- to the tune of $893/month. I was never married to R's bio dad and he lives 2.5 hours away from where R and I live, and where our court order was established.

He is still angry and bitter that I was granted custody and he "got the shaft" in his words. However, I try always to put myself in his shoes in terms of parenting decisions, and I keep him involved to what I feel is an appropriate extent. I do have a fear lurking in the back of my mind that he could drag me back into court to try to modify custody for whatever reason he can dream up. Our first court battle cost me over 35k and I JUST finished paying it off. So to assuage myself, I have a few questions I am seeking insight and perspective on.

Firstly, how much should I involve him in medical decision making? On a basic human level, I think he should know how R is doing and so I keep him informed. I tell him of appointments and invite him to come when I feel it is appropriate. But the last time I invited him, he lied to the doctor 10 ways from Sunday about observations that are patently untrue about R and things he could not know given the limited amount of time he spends with him. At R's most recent appointment (he has eczema/allergy issues) I did not invite him, only emailed a summary of the visit, and he is VERY angry. Am I doing the wrong thing by not inviting him? Should I not tell him? What would be the best course of action? He has NO legal custody. I am named sole decision-maker. But, I am worried about how these things would look in court if ever I were dragged back.... how should I handle it?

Secondly, in the midst of all this, I met and married my husband, who is a wonderful father and shouldered supporting us with no questions asked. R, who is almost 20 months old, started to call him Daddy not long after after we were married and R and I moved into his home. This did not happen with prompting by me; however, after he started I did not nip it in the bud. My husband is who is in the "Daddy" role for R... he does not see his bio dad nearly as often, and since I found a full time job, my husband is who he wakes up to and who puts him to bed two nights a week. My ex is FURIOUS that R does this, because R does it right in front of him, often leaping out of his bio dad's arms to get to my husband. Again I think this is just a natural byproduct of the time spent, and also of their relationships. My husband is more nurturing and caring by nature than my ex, who does love his kids, but it is a tough love, and also at times very selfish. I always got the impression he sees them as things that belong to him, not as his children, you know? Anyway, am I doing the wrong thing allowing this to go on? Should I correct R?

Lastly, I recently got full time employment. This means a pretty hefty salary, full benefits, the works. Our CS order still has me imputed minimum wage as a student, which I was at the time it was established. What duty do I have to tell him (my ex) of my new employment? Do I need to inform CSEA? I know my ex has an inkling since I involved him in picking daycare for R, as I felt that was fair, since I would want to know who my son was with. But he has no idea of my pay, etc. Additionally, I am just double checking, but my husband's income does not affect CS, right? Our salaries together add up to quite a hefty household income....

thanks for any and all input!
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio

I'll try to be brief. It's a long and sordid story.

In October 2012, I was awarded sole physical and legal custody of my son, R. He is my only child. He was my ex's third, by the third mother, and he was not given custody of either his other son nor his daughter for the same reasons I was given custody of R- he is not stable, hops from "self employment" to "contracting", has a history of domestic violence (including against me), and is hostile and rude in parenting exchanges or any attempt at discussing matters related to our son. While I have sole legal and physical, he has the court ordered visitation schedule. This amounts to every other weekend and 3 hours Wednesday nights, with rotating holidays. There is a child support order in place that he does not pay, which has accrued over the months to an arrearage now of over $10,000. I did not initiate litigation. To be honest I hoped he would not, and that he would lose interest and go away. But alas, my son is a valuable tool in trying to maintain control over me, and so he pressed the issue, to his disadvantage in this case. I always let him have our son as was age appropriate and did not ask for anything outside of medical bills before court. He inflated his income falsely in a bid for residential custody and it backfired spectacularly- to the tune of $893/month. I was never married to R's bio dad and he lives 2.5 hours away from where R and I live, and where our court order was established.

He is still angry and bitter that I was granted custody and he "got the shaft" in his words. However, I try always to put myself in his shoes in terms of parenting decisions, and I keep him involved to what I feel is an appropriate extent. I do have a fear lurking in the back of my mind that he could drag me back into court to try to modify custody for whatever reason he can dream up. Our first court battle cost me over 35k and I JUST finished paying it off. So to assuage myself, I have a few questions I am seeking insight and perspective on.

Firstly, how much should I involve him in medical decision making? On a basic human level, I think he should know how R is doing and so I keep him informed. I tell him of appointments and invite him to come when I feel it is appropriate. But the last time I invited him, he lied to the doctor 10 ways from Sunday about observations that are patently untrue about R and things he could not know given the limited amount of time he spends with him. At R's most recent appointment (he has eczema/allergy issues) I did not invite him, only emailed a summary of the visit, and he is VERY angry. Am I doing the wrong thing by not inviting him? Should I not tell him? What would be the best course of action? He has NO legal custody. I am named sole decision-maker. But, I am worried about how these things would look in court if ever I were dragged back.... how should I handle it?

Secondly, in the midst of all this, I met and married my husband, who is a wonderful father and shouldered supporting us with no questions asked. R, who is almost 20 months old, started to call him Daddy not long after after we were married and R and I moved into his home. This did not happen with prompting by me; however, after he started I did not nip it in the bud. My husband is who is in the "Daddy" role for R... he does not see his bio dad nearly as often, and since I found a full time job, my husband is who he wakes up to and who puts him to bed two nights a week. My ex is FURIOUS that R does this, because R does it right in front of him, often leaping out of his bio dad's arms to get to my husband. Again I think this is just a natural byproduct of the time spent, and also of their relationships. My husband is more nurturing and caring by nature than my ex, who does love his kids, but it is a tough love, and also at times very selfish. I always got the impression he sees them as things that belong to him, not as his children, you know? Anyway, am I doing the wrong thing allowing this to go on? Should I correct R?

Lastly, I recently got full time employment. This means a pretty hefty salary, full benefits, the works. Our CS order still has me imputed minimum wage as a student, which I was at the time it was established. What duty do I have to tell him (my ex) of my new employment? Do I need to inform CSEA? I know my ex has an inkling since I involved him in picking daycare for R, as I felt that was fair, since I would want to know who my son was with. But he has no idea of my pay, etc. Additionally, I am just double checking, but my husband's income does not affect CS, right? Our salaries together add up to quite a hefty household income....

thanks for any and all input!
You need to inform CSEA immediately of your salary, benefits and what not. That matters. You should also not be engaging in any alienation -- your husband is NOT the child's father. Dad is dad -- NOT biofather. You should correct R. He should be given the opportunity to go to doctor's appointments and attend schooling events. The doctors and school MUST talk to dad about things. That is the law.
 

ecmst12

Senior Member
If you have sole legal custody, you are not required to involve dad in decision making. Generally though, it's the right thing to do. At least inform him about what's happening after the fact.
 

CSO286

Senior Member
If you have sole legal custody, you are not required to involve dad in decision making. Generally though, it's the right thing to do. At least inform him about what's happening after the fact.
I echo this, but the previous reply as well. You need to correct the child. Let him call you husband something else. Papa Jim or whatever.
 

CJane

Senior Member
You need to inform CSEA immediately of your salary, benefits and what not. That matters.
Really? I've never heard that any state requires that the child support agency be informed of a change in income. Not arguing with you, just shocked that this would be true.

You should also not be engaging in any alienation -- your husband is NOT the child's father. Dad is dad -- NOT biofather. You should correct R.
I agree that the child should be corrected. Though I'm not sure this rises to the level of alienation.

He should be given the opportunity to go to doctor's appointments and attend schooling events. The doctors and school MUST talk to dad about things. That is the law.
The school and doctors must discuss records with him, etc. But that doesn't mean that Mom has to provide information. Only that upon request, the doctors/school administrators must - provided the requirements of HIPAA / FERPA are adhered to. Right?

Whether or not he should be given the opportunity to attend doctor's appointments, when he has no decision-making authority, is in my opinion up to Mom. It may be perfectly acceptable - and preferable - to inform Dad after the fact.
 

Ohiogal

Queen Bee
Really? I've never heard that any state requires that the child support agency be informed of a change in income. Not arguing with you, just shocked that this would be true.



I agree that the child should be corrected. Though I'm not sure this rises to the level of alienation.



The school and doctors must discuss records with him, etc. But that doesn't mean that Mom has to provide information. Only that upon request, the doctors/school administrators must - provided the requirements of HIPAA / FERPA are adhered to. Right?

Whether or not he should be given the opportunity to attend doctor's appointments, when he has no decision-making authority, is in my opinion up to Mom. It may be perfectly acceptable - and preferable - to inform Dad after the fact.
Ohio mandates that both parents inform CSEA of any changes in income. And yes it could very well rise to the level of alienation due to how OP refers to dad and what she lets junior do. Mom has to provide information regarding what doctors are seeing junior and when so that dad may communicate with the doctor regarding appointments and such.
 

Shahar

Junior Member
Ohio mandates that both parents inform CSEA of any changes in income. And yes it could very well rise to the level of alienation due to how OP refers to dad and what she lets junior do. Mom has to provide information regarding what doctors are seeing junior and when so that dad may communicate with the doctor regarding appointments and such.
I dont get it. If Mom has complete physical and legal custody and Dad simply has visitation 3 hours weds nights and every other weekend.....Then why would it be a necessity for Dad to get involved if it only causes conflict? He doesnt have the ability do change anything..... right? And his visitation is certainly not going to interfere with Medical Appts. so why stir things up?
 

gam

Senior Member
I dont get it. If Mom has complete physical and legal custody and Dad simply has visitation 3 hours weds nights and every other weekend.....Then why would it be a necessity for Dad to get involved if it only causes conflict? He doesnt have the ability do change anything..... right? And his visitation is certainly not going to interfere with Medical Appts. so why stir things up?
Even with sole legal, dad has a right to medical and school records. He can't access them if he is not provided the Dr info.
 

LdiJ

Senior Member
Ohio mandates that both parents inform CSEA of any changes in income. And yes it could very well rise to the level of alienation due to how OP refers to dad and what she lets junior do. Mom has to provide information regarding what doctors are seeing junior and when so that dad may communicate with the doctor regarding appointments and such.
I just read through the entire OH statutes on child support. 3119.01 through 3119.967 and I found nothing in there that mandated a parent to inform the CSEA of changes in their income, unless the child support order was under review.

I did see a section that requires employers to notify the CSEA of any changes in health insurance coverage for the children, which I thought was interesting, but nothing else.
 

Ohiogal

Queen Bee
I just read through the entire OH statutes on child support. 3119.01 through 3119.967 and I found nothing in there that mandated a parent to inform the CSEA of changes in their income, unless the child support order was under review.

I did see a section that requires employers to notify the CSEA of any changes in health insurance coverage for the children, which I thought was interesting, but nothing else.
Why don't you stick with your area of expertise -- tax professional. No really. Do so. OP get out the paperwork for Child support. You now have benefits. That is something of which CSEA needs to know. Look at your orders for health insurance and support.
 
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LdiJ

Senior Member
Why don't you stick with your area of expertise -- tax professional. No really. Do so. OP get out the paperwork for Child support. You now have benefits. That is something of which CSEA needs to know. Look at your orders for health insurance and support.
We are not in middle school OG. My comment was completely legitimate.
 

Ohiogal

Queen Bee
We are not in middle school OG. My comment was completely legitimate.
No we are not in middle school, LD. You seem to think you get to make the rules like a school yard bully who wants to run the world. My response to you is quite simple -- and what you had told me -- stick to your area of expertise. You know nothing about Ohio law. So don't speak of it.
 

CSO286

Senior Member
Really? I've never heard that any state requires that the child support agency be informed of a change in income. Not arguing with you, just shocked that this would be true.
MN does. Our appendix A requires that both parties notify CSED within ten days of changes in residence, employment, etc. Some of our judges have interpreted that paragraph so broadly as to include changes in the terms (i.e. salary, hours, benefits) of said employment.

VIII. CHANGE OF ADDRESS OR RESIDENCE. Unless otherwise ordered, each party shall notify the
other party, the court, and the public authority responsible for collection, if applicable, of the following information
within ten days of any change: residential and mailing address, telephone number, driver's license number, social security
number, and name, address, and telephone number of the employer.
 

stealth2

Under the Radar Member
Seriously, LDi & OHGal - both of you need to knock off your silly schoolyard games. All it does is make you look foolish.
 

LdiJ

Senior Member
Seriously, LDi & OHGal - both of you need to knock off your silly schoolyard games. All it does is make you look foolish.
I am honestly trying. I did go read the statute so that I could comment based on the statute.
 

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