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Now Dad is Worried, too

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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 honestly have no idea what will happen. But I wouldn't be suprised if someone says to you "It doesn't matter if mom owes arrears... the child still needs to be taken care of." Kinda goes back to that whole injustice of how mom's aren't gone after for non payment but dads are... (another thread of yours)
Maybe it's just a formality and there is nothing to worry about... or MAYBE your husbands ex wife has done something underhanded? Call me crazy... but would you put it past her? After all, we have dealt with shady attorneys on our end... could this be something the ex wife had some afterthoughts about and is trying to change the agreement?
You know I am on your side... *you know me*.... and I COMPLETELY agree with your husbands theory on why he shouldn't pay and until when... and yet I give my prediction even at the risk of getting reamed by others on here... call me brave...
Definitely take the order that both parents (and the JUDGE) signed. That's a given.
So now I step aside and let the PROS give you the advice...
 
Last edited:

Whyte Noise

Senior Member
1.) Exactly what it says. A hearing to establish child support.

2.) Has mom gotten on state aid? Food stamps, Medicaid, AFDC payments? If so, they can step in anytime and issue an administrative order for child support even if the current judicial order (your court order) says there's no CS owed. The answer to the second question in #2 is yes.

3.) Yes, they can make him pay. He'll either pay or risk a contempt charge, no matter what mom owes him in back child support. See my answer above for the "how's and why's answer.

4.) If it were me, I'd take the current court order showing no CS is due, pay stubs, W2 forms, tax returns, etc. Act as if they're going to try and establish an order that5 says he has to pay mom.

If mom is on state aid, she gave up all rights to child support when she got on it. Any CS has to go to the state to pay them back for benefits that mom is getting and the state goes after the NCP to do this. It happens in every state and they don't really care what current orders say... if there's benefits being paid they WILL go after someone to repay them. Thats why I said to take proof of dad's income to this meeting.

However, if mom decided to go to CSE on her own and try to get an order issued (she's not on state aid), the current order you have will come in handy and is why I said to take it with him.
 

Content

Member
Personally whenever I have to go to court over issues, I always take the WHOLE file with me that has any and all paperwork that even remotely pertains to the issues, or child being dealt with. That way if someone questions something I more than likely have the paperwork to answer the question with. There has been a couple of times now that my DH and I have gone to court and had paperwork on us that our lawyer needed but didn't know he needed, and since we had it with us it saved our butts. This is just my suggestion though. Most of the time the extra stuff isn't needed, but it's always good to have just in case it is needed.
 
MissouriGal said:
If mom is on state aid, she gave up all rights to child support when she got on it. Any CS has to go to the state to pay them back for benefits that mom is getting.
Not to jump on your thread, Worried, but...

Is this true? My ex receives close to $400 a month in Food Stamps, and still gets 100% of the CS deducted from my paycheck. The state does not take any portion of the CS to pay back her benefits...
 

Gracie3787

Senior Member
NCP Dad in TN said:
Not to jump on your thread, Worried, but...

Is this true? My ex receives close to $400 a month in Food Stamps, and still gets 100% of the CS deducted from my paycheck. The state does not take any portion of the CS to pay back her benefits...
My understanding is that food stamps and medicaid don't count. Only cash assistance does.
 

Content

Member
In TN insurance of any kind that is state provided is expected to be repayed. Food stamps usually is not, cash payments ALWAYS are.
 

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