Rec'd letter today - need help!

[kik1999]

Try this link:
http://www.alllaw.com/calculators/Childsupport/ohio/

Thank you, as well Ohiogal. So, basically what this is stating is that the total income of the household is a deciding factor in the cs?? I don't understand, maybe I'm reading this wrong, but the sections that you quoted mention the benefits of living with another person. He is actually remarried, I am just "living in sin" . Neither should have an impact on our cs, IMO. Both parties (his wife, my bf) are legal strangers, so why should their incomes matter? I think I'm reading this wrong. Is this only for OH, or is this pretty much standard across the US?

Again, thank you all for your input. I guess I can consider myself lucky for several reasons. The first being that I HAVE had this time with my daughter without him. Although it is sad for her, she is so young that she doesn't really understand that her father wasn't around b/c he was immature. She thinks it was b/c he flew planes (was in the military, even though he got out and still chose to stay away, I never speak an ill word of him). My daughter is my absolute best friend. My ex and I had an amicable divorce. We agreed on everything, and have had a wonderful relationship until his wife/family pushed this e.o. year tax exemption thing (which I actually have no problem with). I feel lucky for not having to go through some of the drama that I have read about here. But most of all, I feel lucky for having such a well-adjusted child who knows no sadness, confusion or guilt when it comes to being a child of divorced parents. I've worked hard for her to feel "normal" and loved. I just want to keep it that way.

 

[Ohiogal]

Thank you, as well Ohiogal. So, basically what this is stating is that the total income of the household is a deciding factor in the cs?? I don't understand, maybe I'm reading this wrong, but the sections that you quoted mention the benefits of living with another person. He is actually remarried, I am just "living in sin" . Neither should have an impact on our cs, IMO. Both parties (his wife, my bf) are legal strangers, so why should their incomes matter? I think I'm reading this wrong. Is this only for OH, or is this pretty much standard across the US?

Again, thank you all for your input. I guess I can consider myself lucky for several reasons. The first being that I HAVE had this time with my daughter without him. Although it is sad for her, she is so young that she doesn't really understand that her father wasn't around b/c he was immature. She thinks it was b/c he flew planes (was in the military, even though he got out and still chose to stay away, I never speak an ill word of him). My daughter is my absolute best friend. My ex and I had an amicable divorce. We agreed on everything, and have had a wonderful relationship until his wife/family pushed this e.o. year tax exemption thing (which I actually have no problem with). I feel lucky for not having to go through some of the drama that I have read about here. But most of all, I feel lucky for having such a well-adjusted child who knows no sadness, confusion or guilt when it comes to being a child of divorced parents. I've worked hard for her to feel "normal" and loved. I just want to keep it that way.

Some of what I posted had to do with deviations. If NCP goes back asking for a deviation from the normal standardcalculation which is what the link will lead you to -- at least an estimate of such-- the court will take into consideration all of those factors. The court will look at what other income is coming into his house and who else he is responsible for. That is if he is seeking a deviation from paying what the normal amount calculated is. They will also look at your household income. And everything else enumerated. Then taking all that into consideration the court will then decide whether or not to deviate from the standard normal calculation. However only the bio parent is responsible for paying child support. What I sent is statutory in Ohio so it only applies to Ohio. However in calculating child support the child's parents income are the only ones that come into play. There is no guarantee that a deviation will be granted and your child support would be lowered however the possibility is there.

 

[MominMass]

Chillax!

Ummm... I really don't consider myself a "dope" simply because I get credit for children I have had after my divorce. After all, my child support has not been reduced, even though I have my kids 46% of the year. I have not petitioned for the reduction. I'm still paying as if I have EOW (standard in TN). Just an FYI... not all NCP's who take advantage of the breaks the gov't gives them (which are FEW) are DOPES.

Hey Dad - if you read my posts you will see that I am very much in favor of father's rights. I think you misunderstood my statement. The poster was concerned that her support might be lowered based on the fact that the father had another child. There's a great number of parents (both men and women) who, while unable to support the children they already have, go on to have more children. Being that you apparently have liberal visitation/custody arrangements and have no problem supporting additional children, you would clearly not fall into the "dope" category. Calma, Calma, Daddy-O.

 

[MominMass]

Thank you, MominMass. Ok, now for that glass of wine...

Hope you had a nice evening in the buckeye state. Question: Will you accept a private message?

 

[kik1999]

Response to Mom!!

Hope you had a nice evening in the buckeye state. Question: Will you accept a private message?

I don't have a pm, but you can email me!! Please do! My email is [email protected]. Thanks!

 

[betterthanher]

I could be wrong about Ohio calculations, but as you say, it's not substantial.
Generally support orders do not decrease just because the dopes who cannot support one child continue to have more children**************

You seem to be wrong about alot of things lately.

This has nothing to do about "dopes" not being able to support children. What about those "dopes" who are CP's who have additional children and get credit for them?

In Ohio, other dependants ARE factors. Know what the hell you're talking about. Especially since you are not even in Ohio.

Also, STOP telling people to go to family court or wherever and "they should help you fill out the forms." That is FLAT OUT WRONG!!!! Court employees are not to give any legal advice and/or assistance in filling out forms unless they are restraining orders and possibly if they've been deemed indingent.

 

[plp]

I would check the guidelines in your area. My ex DID get a credit for having a child with his new wife and it lowered the amount of CS he pays. It wasn't by much, but I was surprised since everything I'd heard said it didn't matter if he had "new" children.

C

 

[critterperson]

I would check the guidelines in your area. My ex DID get a credit for having a child with his new wife and it lowered the amount of CS he pays. It wasn't by much, but I was surprised since everything I'd heard said it didn't matter if he had "new" children.

C

It depends on what state you are in...It also depends on the judge....In Illinois (according to my attorney and the judge) NCP's are not rewarded for having more children (reduction in child support). And CP's can't get an increase in child support because they had more children (not with the NCP)....I think this system makes more sense.....If the CP has more children there is less to go around, just like the NCP, if they have more children, and they already have an obligation they have less to go around......Makes sense to me....
I am personally glad I live in Illinois, because my ex hooked up with a person who has 2 kids from previous fathers, yes plural, and the fathers are not involved he actually signed an acknowledgement of paternity for the child she was 7 months pregnant with when they met...He thought it would help lower his support....He found out he was wrong, so now if they break up he is stuck paying for a child that isn't his.....DUMMY

 

[betterthanher]

I would check the guidelines in your area. My ex DID get a credit for having a child with his new wife and it lowered the amount of CS he pays. It wasn't by much, but I was surprised since everything I'd heard said it didn't matter if he had "new" children.

Many of these states are playing a very dangerous game of unconstitutionality when they consider one type of child and don't include others.

That is a blatant violation of the equal protection clause under the U.S. Constitution.

 

[ceara19]

Many of these states are playing a very dangerous game of unconstitutionality when they consider one type of child and don't include others.

That is a blatant violation of the equal protection clause under the U.S. Constitution.

The majority of states don't consider subsequint children. The few that do, don't allow much of a change in the support. I don't see how it would be a violation of the equal protection under the law for the state to refuse to lower CS obligations based on the fact that one or both parties decided to have more children.

 

[weenor]

The majority of states don't consider subsequint children. The few that do, don't allow much of a change in the support. I don't see how it would be a violation of the equal protection under the law for the state to refuse to lower CS obligations based on the fact that one or both parties decided to have more children.

See Zablocki v. Redhail (U.S. Supreme Court) one of the privacy rights guaranteed by the 14th amendment is the right to marry/procreate.....arguably a state's refusal to allow a set off would interfere with a person's right to create future children. I don't know how far one would get with that argument but the Zablocki court struck down a Wisconsin statute prohibiting marriage when a parent was behind in child support.

 

[ceara19]

See Zablocki v. Redhail (U.S. Supreme Court) one of the privacy rights guaranteed by the 14th amendment is the right to marry/procreate.....arguably a state's refusal to allow a set off would interfere with a person's right to create future children. I don't know how far one would get with that argument but the Zablocki court struck down a Wisconsin statute prohibiting marriage when a parent was behind in child support.

Not giving a person a "discount" on the child support obligation does not interfere with the right for that person to procreate. They are free to have as many children as they wish. The only thing that not allowing an offset would possible cause is a difficulty to SUPPORT the subsequint children, but that does not prevent a person from HAVING those children.

 

[MominMass]

You seem to be wrong about alot of things lately.

This has nothing to do about "dopes" not being able to support children. What about those "dopes" who are CP's who have additional children and get credit for them?

In Ohio, other dependants ARE factors. Know what the hell you're talking about. Especially since you are not even in Ohio.

Also, STOP telling people to go to family court or wherever and "they should help you fill out the forms." That is FLAT OUT WRONG!!!! Court employees are not to give any legal advice and/or assistance in filling out forms unless they are restraining orders and possibly if they've been deemed indingent.

I am from Ohio. My family is still there - Franklin County. My sister had a similar situation and went to family court, spoke to a lawyer of the day, and received assistance in filling out the forms - she was not indigent, just acting pro se. Most family courts have a lawyer of the day. You don't need to be indigent to receive assistance. Lighten up on your capital letters, and know what the hell you are screaming about.

 

[MominMass]

Take a midol, will ya? Dopes who can't support the children they already have should not go on to have more children. While it may be considered in calculations, it rarely has a major impact on a modification of support. Stop rolling your eyes and close them. Then take some slow deep breaths and relax.

You seem to be wrong about alot of things lately.

This has nothing to do about "dopes" not being able to support children. What about those "dopes" who are CP's who have additional children and get credit for them?

In Ohio, other dependants ARE factors. Know what the hell you're talking about. Especially since you are not even in Ohio.

Also, STOP telling people to go to family court or wherever and "they should help you fill out the forms." That is FLAT OUT WRONG!!!! Court employees are not to give any legal advice and/or assistance in filling out forms unless they are restraining orders and possibly if they've been deemed indingent.

 

[kik1999]

I am from Ohio. My family is still there - Franklin County. My sister had a similar situation and went to family court, spoke to a lawyer of the day, and received assistance in filling out the forms - she was not indigent, just acting pro se. Most family courts have a lawyer of the day. You don't need to be indigent to receive assistance. Lighten up on your capital letters, and know what the hell you are screaming about.

That is where I am, as well...in Franklin county. I appreciate the advice. I didn't think it would make that much of an impact due to the fact that his income has increased substantially. From what I can tell, the cs issue will be handled out of court anyways.