Shared Parenting

[coryallen]

What is the name of your state (only U.S. law)? OH

Currently, I have shared parenting with my children's father. We went to court in July for the temporary order and finalized in September. We have agreed that the children will stay with their father 1st,2nd and 4th Thursday night through Sunday night.

He pays medical insurange and no support and I agreed to that. We both have low incomes at this point.

He has not been able to keep the children one time on Thursday since the agreement due to work. I know shared parenting requires flexibility, but how long should I wait to ask that the order be modified assuming his job keeps him from getting the children on Thursday?

 

[LdiJ]

What is the name of your state (only U.S. law)? OH

Currently, I have shared parenting with my children's father. We went to court in July for the temporary order and finalized in September. We have agreed that the children will stay with their father 1st,2nd and 4th Thursday night through Sunday night.

He pays medical insurange and no support and I agreed to that. We both have low incomes at this point.

He has not been able to keep the children one time on Thursday since the agreement due to work. I know shared parenting requires flexibility, but how long should I wait to ask that the order be modified assuming his job keeps him from getting the children on Thursday?

Why did you agree to no child support? The children are with you the majority of the time.

 

[coryallen]

I knew the health care premiums were high that he was paying and he owes back child support to other children. He also does not work on a regular basis. I wanted to make sure the kids had a decent place to live when they were with him, so I did not ask for child support.

This decision was not wise and I know that now. I have no idea when and if I can rectify it. Although, I do know that if he did pay child support, it would NEVER be a on a regular basis. I cannot rely on him for money ever.

 

[LdiJ]

I knew the health care premiums were high that he was paying and he owes back child support to other children. He also does not work on a regular basis. I wanted to make sure the kids had a decent place to live when they were with him, so I did not ask for child support.

This decision was not wise and I know that now. I have no idea when and if I can rectify it. Although, I do know that if he did pay child support, it would NEVER be a on a regular basis. I cannot rely on him for money ever.

Its wise that you realize that you cannot rely on him for money and that you budget your life accordingly. However that doesn't mean that he should be completely let off the hook either.

How does he provide the health insurance if he doesn't work on a regular basis? Do you supplement with medicaid?

 

[CJane]

If he doesn't work on a regular basis, why would you think that his work would keep him from getting the children on Thursdays for the long term?

 

[coryallen]

To LdiJ-

He has been able to pay the premiums so far, but he is broke from doing so. I have not had to supplement with Medicaid so far.

To CJane-
I do not know for a fact that he will never get them on Thursday. I just know that he has not done so so far.

 

[CJane]

If the ONLY issue is that Dad isn't able to pick up on Thursday due to his job, you need to think in terms of a year of NO PICKUPS before a judge is going to entertain a modification.

 

[coryallen]

Thanks for the feedback. I have kept a notebook documenting pick up and drop off times for several months. Perhaps it will not end up being an issue if he starts using his Thursday nights.

If I decide to have the support modified, how long do I need to wait?

 

[gr8rn]

Most states have free or low cost health insurance. You should sign them up through the state, then you don't have to worry about that part. If you are both low income, there is no reason your kids wouldn't qualify

 

[coryallen]

If for some reason he drops the insurance, I will keep that in mind.

Can anyone answer the support modification question for me? Or should I start another thread in the custody forum.

Thanks

 

[Ohiogal]

Most states have free or low cost health insurance. You should sign them up through the state, then you don't have to worry about that part. If you are both low income, there is no reason your kids wouldn't qualify

Not all states have that. Ohio does and many children do qualify. Adults do not. If they are not divorced,dad also has to cover mom on insurance until the divorce or vice versa. Ohio also has a reasonable cost for insurance built into statute. More than 5% of gross is considered unreasonable. Some companies in Ohio charge 90% of more of gross (full time job) for insurance.'


Also to add -- the cost of insurance is a factor in child support. If dad is providing health insurance that could end up being MORE than what he would be ordered to pay in child support.

 

[coryallen]

Can I file to review and possibly adjust the child support at this time? Keeping in mind that the insurance will be a factor.

Thank you

 

[CJane]

Can I file to review and possibly adjust the child support at this time? Keeping in mind that the insurance will be a factor.

Thank you

It's pretty unlikely, since you waived CS just a couple of months ago, that you could file for it now.

Usually, there's a 2 year waiting period - OR a significant change in circumstances is required. Doesn't sound like you have that.