New spouse modification question

[tmmo6578]

Per Ohio Revised Code 3119.60: Proceeding prior to review. What statuate requires a financial affidavit?

 

[critterperson]

I am sure they had a reason to request your information it is my understanding that they need a valid reason to subpoena something they can't do it just to harass the opposing party...If they didn't your lawyer would have multiple avenues available to him/her in order to get the harassing behavior stopped. Have you asked your attorney what the reason may be? Is your husband underemployed or recently taken a pay cut?

If she is asking for a modification, is the difference in the child support amount substantial? Because in order for her to go through all this trouble it would indicate that she has something to gain by spending money subpoenaing all of your information as well (it is quite costly to go to these lengths to obtain financial info)

I was just stating one of the ways that this type of information is used...In your case, it may be something else...Although I can't think of a valid reason off of the top of my head...

Here is a link for Ohio Divorce this may shed some light? It does state that financial affidavits are filed...

http://www.divorcenet.com/states/ohio/ohart04

 

[tmmo6578]

He and his ex did file a financial affidavit when they filed for their dissolution. That was 10 years ago and I was not involved. That affidavit included bills and assets pertaining to their marriage. I did not fill out a financial affidavit for this modification.

I've spoken to my lawyer who is going to look into it with my husband's lawyer and his ex's lawyer.

 

[mom22boyz]

The financial affadavit is required for all CS Modifications through the court, but they are not required for a simple CSEA Modification. It could be that they are preparing to go to court if they are disputing the state's workskheet.

In Ohio, it is posible for a deviation from the standard worksheet calculation based on spouse's income (although from what I understand, it is quite hard to actually get it awarded)

From the Ohio Revised Code....
§ 3119.23. Factors relevant to granting deviation.

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:


(G) Disparity in income between parties or households;
(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;

 

[Ohiogal]

I beg to differ. We were required to provide:

Request the obligor and obligee to provide the CSEA no later than the scheduled date for formally beginning the review with all of the following:
A copy of the federal income tax return from the previous year.
A copy of all pay stubs obtained within the preceding six months.
A copy of all other records evidencing the receipt of any other salary, wages, or compensation within the preceding six months.
A list of the group health insurance and health care policies, contracts, and plans available and their costs.
The current health insurance or health care policy, contract, or plan under which the obligor or obligee is enrolled and its cost.

There was no required financial affidavit requested by the court. Further, I just called to be sure that we had filed ALL of the paperwork and provided all of the documentation required for review and I was told that we had. We did not file a financial affidavit.

Okay lets get something straight -- CSEA is NOT THE COURT! Not at all. When you go to court for a modification or establishment of child support a FINANCIAL AFFIDAVIT IS REQUIRED. You are not going to court. You are going through CSEA. BIG DIFFERENCE. Good grief. If you were specific and wouldn't confuse COURT and CSEA it wouldn't be a problem but every county in OHIO requires a financial affidavit when you go to COURT for child support issues.

 

[Ithildriel]

Okay lets get something straight -- CSEA is NOT THE COURT! Not at all. When you go to court for a modification or establishment of child support a FINANCIAL AFFIDAVIT IS REQUIRED. You are not going to court. You are going through CSEA. BIG DIFFERENCE. Good grief. If you were specific and wouldn't confuse COURT and CSEA it wouldn't be a problem but every county in OHIO requires a financial affidavit when you go to COURT for child support issues.

Good grief woman, what do you want perfect information before you answer a legal question?

She got the state right at least...or did she?

 

[Ohiogal]

Per Ohio Revised Code 3119.60: Proceeding prior to review. What statuate requires a financial affidavit?

Again that is for proceedings prior to review by CSEA AND NOT THE COURT! Two different entities. When you go to court you need the financial affidavit. So quit referring as CSEA as going to court.

 

[Ohiogal]

Good grief woman, what do you want perfect information before you answer a legal question?

She got the state right at least...or did she?

God only knows at this point. Good grief. I have yet to practice in a county in Ohio that didn't require a financial affidavit when you went to court. If she wants accurate answers regarding her situation she needs to give accurate information. I know that is far too much to ask at this point but jeez.

 

[jpriness73]

Perhaps a little patience...i will never be able to have female attorney because it may be ohiogal and she doesn't take to anyone's confusion. the op had said that the ex was refuting the initial proposal from the csea so perhaps they are going through an administrative HEARING...which could be mistaken (to a newbie) as COURT!!!!! perhaps a good attorney would have realized early on that they were in the beginning stages of their modification and ask the proper questions prior to getting in a tizzy and spewing insults...are you on a lunch break here?

 

[Silverplum]

Perhaps a little patience...i will never be able to have female attorney because it may be ohiogal and she doesn't take to anyone's confusion. the op had said that the ex was refuting the initial proposal from the csea so perhaps they are going through an administrative HEARING...which could be mistaken (to a newbie) as COURT!!!!! perhaps a good attorney would have realized early on that they were in the beginning stages of their modification and ask the proper questions prior to getting in a tizzy and spewing insults...are you on a lunch break here?

You make amazingly little sense.

And haven't you been invited to merely read instead of post?

 

[Shay-Pari'e]

Perhaps a little patience...i will never be able to have female attorney because it may be ohiogal and she doesn't take to anyone's confusion. the op had said that the ex was refuting the initial proposal from the csea so perhaps they are going through an administrative HEARING...which could be mistaken (to a newbie) as COURT!!!!! perhaps a good attorney would have realized early on that they were in the beginning stages of their modification and ask the proper questions prior to getting in a tizzy and spewing insults...are you on a lunch break here?

Are your kids napping?

 

[GrowUp!]

...are you on a lunch break here?

Is your head always up your a**? Might I suggest going back to school to learn basic english. I think they teach that in first grade. How's that for spewing insults?

or shall I continue?

 

[tmmo6578]

Okay lets get something straight -- CSEA is NOT THE COURT! Not at all. When you go to court for a modification or establishment of child support a FINANCIAL AFFIDAVIT IS REQUIRED. You are not going to court. You are going through CSEA. BIG DIFFERENCE. Good grief. If you were specific and wouldn't confuse COURT and CSEA it wouldn't be a problem but every county in OHIO requires a financial affidavit when you go to COURT for child support issues.

Ok- so he received a letter on county court stationary that he is to appear in front of a magistrate on such and such a date at a specific time. Is that "going to court" or is that something else? Is it possible that we did not receive the "required" financial affidavit to fill out? Who would this have come from? Would it have come in a certified letter? Would it have come from her lawyer? The CSEA? The court? He just sought legal representation last week. Would his lawyer have asked for this information? Is it possible that she hasn't done so yet. If this is required then who's butt do I need to get on so it's taken care of? I apologize for not knowing this information. If I was up on all the laws regarding this issue would I be asking for advice? Probably not. I am not divorced, I do not pay or receive child support and I have never been through the child support process or even to court for anything else. My husband on the other hand has faithfully paid his support and taken care of his children for over 14 years. Believe me, we are not trying to avoid his responsibility. Just trying to understand why and how my income plays into this and trying to avoid the potential misuse of my private information that was disclosed to his hostile ex wife. Would you want your husband's ex to have your social security number and work phone number when she already has a history of calling him over and over again at work?

 

[critterperson]

Ok- so he received a letter on county court stationary that he is to appear in front of a magistrate on such and such a date at a specific time. Is that "going to court" or is that something else? Is it possible that we did not receive the "required" financial affidavit to fill out? Who would this have come from? Would it have come in a certified letter? Would it have come from her lawyer? The CSEA? The court? He just sought legal representation last week. Would his lawyer have asked for this information? Is it possible that she hasn't done so yet. If this is required then who's butt do I need to get on so it's taken care of? I apologize for not knowing this information. If I was up on all the laws regarding this issue would I be asking for advice? Probably not. I am not divorced, I do not pay or receive child support and I have never been through the child support process or even to court for anything else. My husband on the other hand has faithfully paid his support and taken care of his children for over 14 years. Believe me, we are not trying to avoid his responsibility. Just trying to understand why and how my income plays into this and trying to avoid the potential misuse of my private information that was disclosed to his hostile ex wife. Would you want your husband's ex to have your social security number and work phone number when she already has a history of calling him over and over again at work?

No I wouldn't...If the ex is just being hostile then it is a good thing your husband sought out an attorney...She may just be trying to get under your skin...As for me, we did it because my ex is fond of being dishonest, and was proven in our discovery of the new wife/girlfriends accounts...
You need to take 10 minutes for yourself and breathe deep... I know that this is trying but you must never let her know this has upset you so much as you will only "Feed" her obnoxious behavior ... If you are concerned about your SS# call the credit agencies and ask that a fraud alert be put on your credit (they will flag your SS# for about 6 months if you are concerned that she is going to do something with it) As far as your income information I wouldn't worry about it, it's just numbers right? If she calls you at work first, tell her never to call you at work and if she calls again... Call the police and file harassment charges... Good Luck to you

 

[weenor]

Ok- so he received a letter on county court stationary that he is to appear in front of a magistrate on such and such a date at a specific time. Is that "going to court" or is that something else? Is it possible that we did not receive the "required" financial affidavit to fill out? Who would this have come from? Would it have come in a certified letter? Would it have come from her lawyer? The CSEA? The court? He just sought legal representation last week. Would his lawyer have asked for this information? Is it possible that she hasn't done so yet. If this is required then who's butt do I need to get on so it's taken care of? I apologize for not knowing this information. If I was up on all the laws regarding this issue would I be asking for advice? Probably not. I am not divorced, I do not pay or receive child support and I have never been through the child support process or even to court for anything else. My husband on the other hand has faithfully paid his support and taken care of his children for over 14 years. Believe me, we are not trying to avoid his responsibility. Just trying to understand why and how my income plays into this and trying to avoid the potential misuse of my private information that was disclosed to his hostile ex wife. Would you want your husband's ex to have your social security number and work phone number when she already has a history of calling him over and over again at work?

I'll have to agree with Ohiogal that I am a little confused about what you have received and the tribunal your hubby is to appear before. Maybe you could be a little more specific about the notice and other documents he received. Yes I do agree with you that I would NEVER give my hubby's ex my social- she would probably steal my identity and go shopping.