Property Exchange vs Child Support- Ohio

[dmcdanielcm]

What is the name of your state? Ohio

My fiance allowed his ex-wife to remain in the house(in his name) after their divorce in 92- Thinking this would be fair compensation. He was advised by his attorney to liquidate all properties, but he did not. Instead he simply let her keep cars, house, etc(all still in his name). Over the years, he's put the children through college(1 to go), bought them cars, etc.
NOW- His ex-wife has filed a suit against him for *failure to support" from 92 until now. We live in Alabama now and we discovered the warrant for his arrest, when he was pulled over for a blown tail light and arrested because of the warrant.
He is currently awaiting extradition to Ohio. What can be done on our end(in AL) to hurry this along in the court room? He does not want to sell the home(500,000) because the youngest doesnt graduate highschool until next spring. By trying to do right by his children, he has left himself open to extortion from his ex-wife. She filed suit after he refused to pay some personal bills last year.

 

[CJane]

Sooooo.... was he ordered to pay child support, and then he and the ex came to an outside agreement that she'd retain all the property in lieu of support?

If he was court ordered to pay child support, and did not, he may very well be up a creek.

 

[Kane]

I suspect some things have been left out.

If there was court-ordered child support, he ought to have been served with papers. The papers would have notified him of what he was supposed to pay.

You mentioned "failure to support." Is this a criminal charge? Do you know what statute he's been charged with violating?

What is his bond? If he has a bond, the first step would be to bond him out of jail. If it's a criminal charge, he needs to get a lawyer, probably in the county where the charge was filed.

 

[dmcdanielcm]

Yes, exactly. Optimisticlly, I was thinking that since all property remained in his name and he continued to pay responsible fees, taxes, etc.. that this could be used in court to show state of mind or something. After this fiasco, he has finally resolved to liquidate all property(even though the youngest will have to move).
Anyway, I was reading that property can be confiscated by the court to pay for unpaid child support.SSSOOOOOOO, since the house and all other properties are in his name, he can waive possession of the house and the court can present it to her and he'll be right where he was in 92, except legally. Since, she refuses to leave the property now, anyway.
Sort of a catch trade, I'm thinking...

 

[Kane]

So you're saying there was court-ordered support, and he chose to ignore it?

 

[dmcdanielcm]

From my crash course in this stuff, *failure to support* is a felony charge. I dont know exactly what 'statute' he has been charged with. It was like pulling teeth to discover what county the warrant was issued out of and what is was pertaining to. He does have a bond here in AL, BUT he would be responsible for appearing in court in AL at the same instance he needs to be in OH. Since, OH has 3weeks to pick him up, we figure that 30days in the 'pokey' versus the possiblity of missing an AL court date and travel fees is a softer concession. Trying to keep away from anymore Catch 22's
We have an attorney on standby in OH, since an AL attorney can not help us, once he is on his way.

 

[dmcdanielcm]

I believe he felt his agreement with her was sufficient- house, car, upkeep, etc. in lieu of child support. I feel he was dense too, but a proveable verbal agreement is binding, is it not?

 

[CJane]

I believe he felt his agreement with her was sufficient- house, car, upkeep, etc. in lieu of child support. I feel he was dense too, but a proveable verbal agreement is binding, is it not?

No, a verbal agreement, no matter how 'proveable' is NOT going to trump a court order.

 

[Kane]

Dmc, was there a court order for child support or not? Or do you not know the answer?

And what makes you think he has to appear "at the same instance" in AL and OH? If he has one charge, he only needs to appear in one place at one time.

What does "stand by" mean? If you have an attorney, you really need to sit down with him (or talk to him on the phone), because I don't think you understand what's going on.

I promise you he's not helping himself by staying in jail, unless he can't afford to get out.

Or are you saying he doesn't want to get out, because he doesn't want to pay for an airline ticket?

From my crash course in this stuff, *failure to support* is a felony charge. I dont know exactly what 'statute' he has been charged with. It was like pulling teeth to discover what county the warrant was issued out of and what is was pertaining to. He does have a bond here in AL, BUT he would be responsible for appearing in court in AL at the same instance he needs to be in OH. Since, OH has 3weeks to pick him up, we figure that 30days in the 'pokey' versus the possiblity of missing an AL court date and travel fees is a softer concession. Trying to keep away from anymore Catch 22's
We have an attorney on standby in OH, since an AL attorney can not help us, once he is on his way.