happy_in_ohio
recently joined
Reged: 04/03/08
Posts: 6
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New here but this seems to be an active forum so I thought I'd quit lurking and ask a question.
Here's our situation. My question is do we have grounds for change of circumstances and deviation from OH child support worksheet?
DH has one son with ex wife. CS figured on imputed income for her (she was not working) and DH actual salary. Split was 15% to her, 85% to him. This was 3+ years ago.
Current situation:
She is now married to other man and voluntarily unemployed. She has one other child (3 years old) who is autistic. New husband makes more than DH and I combined and they just moved into a house that is worth 3x ours. But still asks us for more money for lessons and summer camp. (We can't even manage to get our roof fixed!) Also, we have my SS 45% of the time (and can document this for the past 18 months)
I am aware that the courts will not take my income, nor her husband's into account for the worksheet, but does this constitute a large enough "change in circumstances" and demonstrate, per Ohio Revised Code, enough "Disparity in income between parties or households" and "Benefits that either parent receives from remarriage or sharing living expenses with another person" to support a request for deviation from the CS worksheet?
We are considering returning to court to ask for a 50/50 plan and reduction in CS.
Feedback is welcome as that is what I am asking for, but please understand that we are not looking for the CS to be eliminated, just to be reconsidered with change of circumstances and for the best interest of the child.
Thanks!
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cincsu
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
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i am not sure what the rules are in Ohio, but in CA where our case is it would not matter. her income would be imputed because she is voluntarily not working.
i feel for you in your case because it sounds like you pick up almost half of the care of the child. just because she is voluntarily unemployed why should you have to support that.
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wife of 1, mother of 2, stepmother of .3475902453
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happy_in_ohio
recently joined
Reged: 04/03/08
Posts: 6
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Yes, Ohio is rough on the dads -- even the good ones.
We pay for 85% but have him almost half the time. From what I understand, they really only change the CS if parenting time is 50/50. She wouldn't go for that at the time of the divorce, but now that we have the history and can prove it, I'm hoping we can get it changed. That will be our primary argument. The change of circumstances is secondary.
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GrammaLatte
enthusiast
Reged: 02/14/08
Posts: 307
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Ohio may modify CS upon a change of custody, but nowhere do I find anything that supports modifying CS due to a change of parenting time. In fact,
The Ohio Supreme Court reaffirmed its prior decision in Pauly v. Pauly (1997), 80 Ohio St.3d 386 that held that the Ohio statute governing child support calculations under a shared parenting plan does not provide for an automatic credit in a parent's child support obligation for the time that a child resides with his or her parent. However, a trial court may deviate from the amount of child support calculated under the statute if a court finds that the amount of child support would be unjust or inappropriate to the child or either parent and would not be in best interest of child.
Below is a list of what must be before Ohio will modify CS -- (reviewable after 36 months)
* A change in the custody of a child
* An increase or decrease in the income of either parent
* Obligation of either parent to support additional children or elderly parents
* Addition of or a change the health insurance coverage
* Additional unexpected medical expenses
* Additional expenses for the special needs of gifted or handicapped children
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happy_in_ohio
recently joined
Reged: 04/03/08
Posts: 6
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Agreed. BUT we are not looking for a review for modification specifically on parenting time. When they look to modify, it's based on the CS worksheet and we understand that. However, we are looking for a DEVIATION from the worksheet based on the following. (Specifically items D, G and H.) My question is do the rest of you think that our circumstances meet these factors?
The court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:
(A) Special and unusual needs of the children;
(B) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;
(C) Other court-ordered payments;
(D) Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order;
(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family;
(F) The financial resources and the earning ability of the child;
(G) Disparity in income between parties or households;
(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;
(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
(K) The relative financial resources, other assets and resources, and needs of each parent;
(L) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;
(M) The physical and emotional condition and needs of the child;
(N) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;
(O) The responsibility of each parent for the support of others;
(P) Any other relevant factor.
The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in this section that are applicable to their situation.
If the court grants a deviation based on division (P) of this section, it shall specifically state in the order the facts that are the basis for the deviation.
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