MomIsWorried
Member
What is the name of your state? Ohio
I'll try to make this short, sweet, and simple (and of course, easy to understand! LOL!)
My husband divorced his first wife in 1994 (we were married in 1996) ... exwife got custody of their 2 kids, and husband was ordered to pay support ... which he did for the next 7 years. In 2001, he took the ex back to court for custody and won...exwife was then ordered to pay support, which she did, occasionally, up until September of last year. Her arrears are in excess of $5000. In September of this year, his youngest daughter (16) went back to live with her mother (see my post in juvenile law section). He notified the CS office of the change in custody. He drew up the custody and child support papers himself ... they both signed them and had them notarized, and they were then filed at the courthouse. The judge signed the paperwork, and sent a copy to the CS office.
The papers included a CS worksheet, which determined the amount of support he would have to pay exwife per month for their daughter (oldest daughter is now 20 years old and married, so these papers only pertained to the younger daughter) ... both husband and exwife agreed to the amount he would have to pay her for support. They further agreed, and put in writing (which the judge signed), that he would pay her NO support, and she would pay him NO arrears until February of 2007...when her arrears would be "paid up". Make sense?
Since the judge signed the paperwork, and we have a copy of that paperwork with the judges signature on it, husband thought the whole thing was a done deal. But then he got papers in the mail the other day from the CS office. This is what they say:
Upon advice of the CSEA and for good cause shown, an establish support pre-hearing will be held on November 15th at 9:30am. The parties and their counsel, if represented, are to appear on such date.
That's it...signed by the same judge who signed the paperwork that husband and his ex filed back in September.
If both parties agreed on the terms of the custody and support papers (which they obviously did), then can the CS office really step in and take over like this? It's not like my husband got his exwife to agree to take some throw-out-there amount for child support...all the numbers are correct, as per the CS worksheet that accompanied their original divorce papers. When husband and I sat down to fill out the worksheet and compute all the numbers, we used the imputed income for exwife - same as when the original papers were filed with their divorce - minimum wage earnings for exwife, who, btw, chooses to sit on her ever-widening arse and has chosen to do so for over a year now. She is capable of a much higher income than minimum wage ... in fact, the year they were divorced, she only made $1500 less than husband did, and had a great job with wonderful benefits which she got fired from because of her fondness for Miller Light. But that's not really relevant ~ I'm just saying that she is capable of making more than minimum wage, but that is what CS imputed for her years ago, so that's the figure husband used to fill out the CS worksheet ~ which she DID agree to, and sign.
I'll try to make this short, sweet, and simple (and of course, easy to understand! LOL!)
My husband divorced his first wife in 1994 (we were married in 1996) ... exwife got custody of their 2 kids, and husband was ordered to pay support ... which he did for the next 7 years. In 2001, he took the ex back to court for custody and won...exwife was then ordered to pay support, which she did, occasionally, up until September of last year. Her arrears are in excess of $5000. In September of this year, his youngest daughter (16) went back to live with her mother (see my post in juvenile law section). He notified the CS office of the change in custody. He drew up the custody and child support papers himself ... they both signed them and had them notarized, and they were then filed at the courthouse. The judge signed the paperwork, and sent a copy to the CS office.
The papers included a CS worksheet, which determined the amount of support he would have to pay exwife per month for their daughter (oldest daughter is now 20 years old and married, so these papers only pertained to the younger daughter) ... both husband and exwife agreed to the amount he would have to pay her for support. They further agreed, and put in writing (which the judge signed), that he would pay her NO support, and she would pay him NO arrears until February of 2007...when her arrears would be "paid up". Make sense?
Since the judge signed the paperwork, and we have a copy of that paperwork with the judges signature on it, husband thought the whole thing was a done deal. But then he got papers in the mail the other day from the CS office. This is what they say:
Upon advice of the CSEA and for good cause shown, an establish support pre-hearing will be held on November 15th at 9:30am. The parties and their counsel, if represented, are to appear on such date.
That's it...signed by the same judge who signed the paperwork that husband and his ex filed back in September.
If both parties agreed on the terms of the custody and support papers (which they obviously did), then can the CS office really step in and take over like this? It's not like my husband got his exwife to agree to take some throw-out-there amount for child support...all the numbers are correct, as per the CS worksheet that accompanied their original divorce papers. When husband and I sat down to fill out the worksheet and compute all the numbers, we used the imputed income for exwife - same as when the original papers were filed with their divorce - minimum wage earnings for exwife, who, btw, chooses to sit on her ever-widening arse and has chosen to do so for over a year now. She is capable of a much higher income than minimum wage ... in fact, the year they were divorced, she only made $1500 less than husband did, and had a great job with wonderful benefits which she got fired from because of her fondness for Miller Light. But that's not really relevant ~ I'm just saying that she is capable of making more than minimum wage, but that is what CS imputed for her years ago, so that's the figure husband used to fill out the CS worksheet ~ which she DID agree to, and sign.
