Please help! More problems w/the ex.

[ziphash]

Back in April, my ex e-mailed saying I could have my son from 6/22 til 8/06 for summer visitation. We agreed she would bring him up & I could take him back. My wife switched her work schedule around so she could be here next Friday to receive him. Plans for the weekend have been already made.

Tonight the ex MIL e-mailed saying that we're going to court here in OH next Friday and if the ex has to come up to appear she'll be keeping my son til the 25th or later before she drops him off.

Here are my 2 questions. 1) Can the ex switch dates like that after it's been set up this way for 2 mos. 2) How far in advance does the court have to notify you of a hearing? I have no idea what she's talking about when she mentioned a hearing.

 

[Ambr]

she said that we're (as in you and her) are going to court next week?

if you didn't file - sounds like she did. you might call the court house and ask them. it might be possible that there are service papers there for you and they haven't been able to locate you. (coming by when you are gone, she listed wrong address - anything!)

 

[ziphash]

I called the courthouse. Nothing's been filed, but we figured out what's going on. Back in Nov. '00 I filed for a reduction in cs because when the original cs order was done the cs I pay for my daughter was never considered. In Dec, the cs was reduced as of Jan '01. The ex appealed & it was to go to court June 8. (6 mos. after the fact) Anyhow, the Monday before court the ex MIL called and said they wanted the case dismissed because they couldn't come up. My attorney was notified by the court and was supposed to file the dismissal papers but hasn't yet. Since the ex MIL is coming up to drop my son off next week anyhow, she's going to have it refiled and if my attorney doesn't get it in before hers does, I'm screwed.

 

[Ambr]

if the summer visitation is court ordered and you are to establish the dates and times with her - as long as you met the outline (arrangements to be made XX number of days in advance, etc) then she could be in contempt of court for not allowing the visitation.

 

[ziphash]

This is where I get confused. The guidelines do not specifically state when the visitation is to take place for a 2 yr. old. It just says 1/2 of the summer. It states for preschool & school age children I get 1/2 of the summer vacation minus 7 days before school starts. She's gone by the school district when figuring visitation in the past. By the school district, I should receive my son on the 27th. However, we agreed in April I would get him on the 22nd.

 

[ziphash]

I just talked to the attorney. He said since the ex MIL called & told the courthouse that the ex wanted the cs hearing dismissed. Now her attorney is saying she didn't understand she was dismissing it and thought she was just postponing. My attorney said it's too late now and there will be no court hearing next week no matter what her attorney files. I also talked to the cs caseworker. He said it has been dismissed but it's become a huge mess because her attorney is now making up lies about what he (caseworker) supposedly said.

The attorney did say that because I have 2 separate orders for my two kids to two different exes there will probably be a modification of both cs cases. He said my daughter's cs will probably be lowered and my son's be raised to make them equal. I don't think that's fair because my daughter was first so that order was set. When I married the ex, she knew that my daughter came first when it comes to cs so she got a lower amt. for my son when we separated. It's not that my son is any less important than my daughter. It's just that that's how it's supposed to be. I think if they're going to make the cs equal for both of those kids, they should allow for the same amt. for my three other kids.

 

[thestepmom]

I don't see how they can raise or lower one case because of what's going on in another case.
They should be looking at each individually. One Mother might make 1400 a month and the other 2400. I would get in touch with your lawyer and have a serious discustion with him.

 

[Ambr]

According to the OHIO state statues, they can't.

http://ohioacts.avv.com/122/hb352/sec-3113.215.htm

this is from section 5b

b) The amount of any pre-existing child support obligation of a parent under a child support order and the amount of any court-ordered spousal support paid to a former spouse shall be deducted from the gross income of that parent to the extent that payment under the child support order or that payment of the court-ordered spousal support is verified by supporting documentation.