Ohio child support help please

[Krunt420]

Ohio

Non custodial parent got a good paying job. Judge order an modification in favor of the custodial parent. About 1 year ago. Child support tripled. Now, noncustodial parent quit job to do an internship (free work) and go back to school full time. (Been in school on and off for 8 years to just get govt money it seems, also has a native American citizenship that also helps this person with school and expenses)They have not paid a dime in 4 months and we just received a letter that noncustodial parent asked for a modification to reduce.
Noncustodial is fully able bodied. I read that in Ohio it can only be modified every 36 months unless a serious situation happens.
What do you think is going to happen at the hearing? Paperwork says we dont need to attend hearing.
I know the noncustodial spouse has nothing to do with child support but they take lavish vacations, and buy fancy cars. All while noncustodial doesn't work.
Noncustodial has no visitation orders only supervised visits through a court ordered place. After not caring to even see or talk to the children for 4 years but as time went on and a year and a half of supervised visits....Parent was doing so well and children got a little older so I decided to let her see them every other weekend no problem without having to involve the courts time. I also know child support and visitation are separate courts/cases but am I wrong for this and will the judge actually allow her to reduce child support?

 

[Zigner]

Who is "we"?
Are you a legal party to the matter? If not, then please have the legal party to the matter log on with his/her own userid to ask his/her own questions. Thank you.

 

[Krunt420]

Yes I am. I am legal guardian, we (my new wife and I who have full custody) and I say we, mentioning the court papers say I dont have to be there for the hearing. I'm assuming my ex doesn't have to either. Which is what I meant by "we"

 

[LdiJ]

Yes I am. I am legal guardian, we (my new wife and I who have full custody) and I say we, mentioning the court papers say I dont have to be there for the hearing. I'm assuming my ex doesn't have to either. Which is what I meant by "we"

If you are the father of the child, then there is no "we" unless your wife has adopted the child. If your wife had adopted the child there would be no child support.

If you are not the father of the child, then it's possible that you and your wife could be named legal guardians, but it could possibly be unusual.

 

[Krunt420]

Ok got it. I'm the father. The legal guardian. So I apologize for the "we."

 

[Just Blue]

Ok got it. I'm the father. The legal guardian. So I apologize for the "we."

Thank You.

ETA: I will ask OhioGAL to post to your thread...she is a sie vetted Attorney/GAL.

 

[not2cleverRed]

Ohio

Non custodial parent got a good paying job. Judge order an modification in favor of the custodial parent. About 1 year ago. Child support tripled. Now, noncustodial parent quit job to do an internship (free work) and go back to school full time. (Been in school on and off for 8 years to just get govt money it seems, also has a native American citizenship that also helps this person with school and expenses)They have not paid a dime in 4 months and we just received a letter that noncustodial parent asked for a modification to reduce.
Noncustodial is fully able bodied. I read that in Ohio it can only be modified every 36 months unless a serious situation happens.
What do you think is going to happen at the hearing? Paperwork says we dont need to attend hearing.
I know the noncustodial spouse has nothing to do with child support but they take lavish vacations, and buy fancy cars. All while noncustodial doesn't work.
Noncustodial has no visitation orders only supervised visits through a court ordered place. After not caring to even see or talk to the children for 4 years but as time went on and a year and a half of supervised visits....Parent was doing so well and children got a little older so I decided to let her see them every other weekend no problem without having to involve the courts time. I also know child support and visitation are separate courts/cases but am I wrong for this and will the judge actually allow her to reduce child support?

That sounds like a voluntary reduction in income.

Let me guess - they want child support modified down to zero and the arrears waived?

Respond (legally) to the petition that you do not agree and why.

 

[Krunt420]

Honestly I am unsure what they are asking the modification to be, but that request would not surprise me.
Thanks.

 

[Krunt420]

Yea I edited the last post and thought it was deleted or something because I couldn't find it. (I'm new here) so I thought I had to post a new thread. Someone helped me and I was able to delete the other thread.

 

[Ohiogal]

If she quit, she will be imputed. SHE chose to do that. She can earn that and needs to support her child. Oh and child support changed in Ohio the end of March to increase. She won't be happy.

 

[Krunt420]

Oh wow, thank you for that. Do you think I should still go to the hearing even tho the document says that I do not need to be present? The papers says Administrative review, not a hearing. My apologies

If she quit, she will be imputed. SHE chose to do that. She can earn that and needs to support her child. Oh and child support changed in Ohio the end of March to increase. She won't be happy.

.

 

[bcr229]

I would go, if only to point out that her reduction in income was voluntary.

 

[Krunt420]

I would also like to add since she hasnt paid anything since March, I decided I was going to file a contempt on my own seeing as I cant afford an attorney. I printed the papers out. Got them filled out and was in the process of getting them notarized when her modification papers arrived from the courts. Also was going to add many screenshots (explained below).
I have massive amounts of text messages saying she was offered a better job and if she could change her visitation days to coincide with her days off. I obliged. It's now apparent she didnt take that job (didnt tell me that) but is doing an internship now (unpaid) and has decided to pursue her masters degree. She slipped up and posted publicly on Facebook that shes been doing the work at home job for VIPKids (teaching English to chinese children) which my children come home talking about. Apparently this has been a job shes been doing for over a year according to her Facebook and as of approximately February of 2019 she had already taught over 108 classes. I did get screenshots before she realized she made it public and took it down. She is an independent contractor for VIPKids and is 1099'd for that.
I have all these texts printed, about how great the new job will be and that she will catch up with child support. Also that she would get our children their native American citizenship as she got hers and they could help financially with the kids schooling because I have them in Charter schools, not public. Which she has never done. So its apparent shec hose not to take the actual job that would get her current with child support and she is about 5000.00 in arrears per child. (2 children).

 

[Krunt420]

I would go, if only to point out that her reduction in income was voluntary.

Thank you.