MomIsWorried
Member
What is the name of your state? Ohio
My husband is on his way to court as I type this for an "Establish Support" hearing that I have posted about before. However, we have a new question.
Little bit of background first... husband got custody of his kids in 2001 and the ex was ordered to pay support. Oldest child is now 20 years old, so the current order is only for younger child (although there are still arrears owed for the oldest child). Younger child moved back in with her mom in September. Husband and his exwife filed all necessary paperwork themselves, and came to an agreement on support ... all paperwork was signed and approved by the judge. Then came this notice to establish support. (Which doesn't make sense since the two of them agreed on what support should be, when and how it would be paid, etc.)
Well over a year ago (closer to 2, actually), his exwife got bit by a dog and needed surgery on her hand, which prevented her from working for a time. At the time, she just stopped paying support, without asking for a temporary reduction ... she just allowed the arrears to pile up, and is now $5000+ in arrears. Husband wants to know if exwife can now file for a retroactive support reduction, going back to the time of her injury. Is that possible?
I probably already know the answer to my next question (and I don't like the answer I think I know
but I'm going to ask anyway). It was brought to my attention just last night by husbands oldest daughter that exwife had applied for food stamps right after younger daughter moved back in with her, and that exwife was told the state would take a portion of her child suppor checks to recover the food stamp money. Exwife said "Well I'm not getting child support." Is that the whole reason for this establish support hearing? Even though the two of them came to an agreement? (The agreement was that husband would not pay support until February of 2007. Basically, they did a CS worksheet to determine what husband would have to pay exwife in support per month. Then took that amount into what she owes him in arrears, and came up with February of 2007 as being the time when her arrears would be 'paid up', and he would start paying her support until his daughter turns 18). At the time husband proposed this idea to exwife, she was ALL for it, as she had been cleared to go back to work, and CSEA had filed contempt charges on her for not paying her support. Their agreement stopped the contempt charge.
Sorry...didn't mean for this to get so long.
My husband is on his way to court as I type this for an "Establish Support" hearing that I have posted about before. However, we have a new question.
Little bit of background first... husband got custody of his kids in 2001 and the ex was ordered to pay support. Oldest child is now 20 years old, so the current order is only for younger child (although there are still arrears owed for the oldest child). Younger child moved back in with her mom in September. Husband and his exwife filed all necessary paperwork themselves, and came to an agreement on support ... all paperwork was signed and approved by the judge. Then came this notice to establish support. (Which doesn't make sense since the two of them agreed on what support should be, when and how it would be paid, etc.)
Well over a year ago (closer to 2, actually), his exwife got bit by a dog and needed surgery on her hand, which prevented her from working for a time. At the time, she just stopped paying support, without asking for a temporary reduction ... she just allowed the arrears to pile up, and is now $5000+ in arrears. Husband wants to know if exwife can now file for a retroactive support reduction, going back to the time of her injury. Is that possible?
I probably already know the answer to my next question (and I don't like the answer I think I know
but I'm going to ask anyway). It was brought to my attention just last night by husbands oldest daughter that exwife had applied for food stamps right after younger daughter moved back in with her, and that exwife was told the state would take a portion of her child suppor checks to recover the food stamp money. Exwife said "Well I'm not getting child support." Is that the whole reason for this establish support hearing? Even though the two of them came to an agreement? (The agreement was that husband would not pay support until February of 2007. Basically, they did a CS worksheet to determine what husband would have to pay exwife in support per month. Then took that amount into what she owes him in arrears, and came up with February of 2007 as being the time when her arrears would be 'paid up', and he would start paying her support until his daughter turns 18). At the time husband proposed this idea to exwife, she was ALL for it, as she had been cleared to go back to work, and CSEA had filed contempt charges on her for not paying her support. Their agreement stopped the contempt charge. Sorry...didn't mean for this to get so long.