MomIsWorried
Member
What is the name of your state? Ohio
I posted another topic about this issue, but have new questions. To recap: hubby had custody of his daughter for 4+ years...the ex wife owes hubby $5000+ in arrears. His daughter went back to live with the ex wife in September per mutual agreement of hubby and exwife. They submitted the necessary paperwork and agreed on an amount that hubby would pay in CS (calculated by hubby using the State of Ohio Child Support Worksheet), and agreed on a "start date" of hubby's support, February of 2007, and agreed that until that time, no support would be paid by hubby, and no arrears would be paid by exwife. Here's the math: based on calculations from the CS worksheet, hubby should be paying $295 per month to exwife for support. $295 x 17 months = $5015 (which is very close to what exwife owes hubby in arrears) so hubby would not be making CS payments until Feb. 2007 (17 months from the time the papers were filed the end of September). Both parties agreed to this, signed the papers and submitted them for the judges approval. The judge did sign the paperwork.
Hubby got court papers a week or so ago and must appear in court on the 15th of this month for an "establish support" pre-hearing. His questions are:
1) What exactly is an establish support hearing? (In his words, "Haven't we already established that support should be paid?")
2) Since the judge signed this paperwork, how can CS step in? And can they change what the parties already agreed, even though the judge signed the paperwork, thus indicating that he felt it was a fair agreement?
3) Hubby says he won't pay exwife a dime unless and until her arrears are taken care of, either by the agreement they signed, or by sending him the money if CS says he must start paying support to her now. Can (or should I say will) they order him to pay before her arrears are taken care of? And if so, how and why is that possible?
4) What kind of documentation, if any, should he take with him on the 15th? The papers don't say anything about documentation, so he isn't sure what he needs to take with him that day.
I know he has more questions, but I can't seem to remember them at the moment.
Any input is appreciated.
I posted another topic about this issue, but have new questions. To recap: hubby had custody of his daughter for 4+ years...the ex wife owes hubby $5000+ in arrears. His daughter went back to live with the ex wife in September per mutual agreement of hubby and exwife. They submitted the necessary paperwork and agreed on an amount that hubby would pay in CS (calculated by hubby using the State of Ohio Child Support Worksheet), and agreed on a "start date" of hubby's support, February of 2007, and agreed that until that time, no support would be paid by hubby, and no arrears would be paid by exwife. Here's the math: based on calculations from the CS worksheet, hubby should be paying $295 per month to exwife for support. $295 x 17 months = $5015 (which is very close to what exwife owes hubby in arrears) so hubby would not be making CS payments until Feb. 2007 (17 months from the time the papers were filed the end of September). Both parties agreed to this, signed the papers and submitted them for the judges approval. The judge did sign the paperwork.
Hubby got court papers a week or so ago and must appear in court on the 15th of this month for an "establish support" pre-hearing. His questions are:
1) What exactly is an establish support hearing? (In his words, "Haven't we already established that support should be paid?")
2) Since the judge signed this paperwork, how can CS step in? And can they change what the parties already agreed, even though the judge signed the paperwork, thus indicating that he felt it was a fair agreement?
3) Hubby says he won't pay exwife a dime unless and until her arrears are taken care of, either by the agreement they signed, or by sending him the money if CS says he must start paying support to her now. Can (or should I say will) they order him to pay before her arrears are taken care of? And if so, how and why is that possible?
4) What kind of documentation, if any, should he take with him on the 15th? The papers don't say anything about documentation, so he isn't sure what he needs to take with him that day.
I know he has more questions, but I can't seem to remember them at the moment.
Any input is appreciated.