Stay at home mom

[momto5]

I was wondering if anyone could help me?. I just returned from an administrative modification hearing because my ex wants a decrease in child support. This was after he filed for a review and then appealed the review becasue his order was only lowered by $40.00. He brought new info to the hearing and said he is working part time at $14.00/hr. we are both married and have additional children. I have 4 more.,and he has 4 more as well. I stay at home and am raising my children and the hearing administrator asked me if i had a degree. I told her i had a associates degree in business but had not worked in 10 yrs. Two days later i recieve in the mail an adjustment. he went from paying $495.00/month to $240./month. She imputed my income as $29,785.60 and his income at $29,93.60 She based this on the fact that i am voluntarily not working and the last time i did work i was making approximately
$13.00/hr. She stated she imputed my potential earnings. I am completely frustrated becasue if she can take my potential earnings why cant she take his? He has a bachelors degree and is working part time for $14.oo/hr. Also, if i were working full time wouldnt she have to consider day care cost in there? There is no way i would make that amount of money after not working 10yrs and with having to pay for child care. I need to know quickly if i should appeal? It would be in the courts for review if i appeal. Whats also frustrating is he was been found in contempt 2 weeks ago, and has a court hearing on those charges in October. He owes around $10,000 in child support. I'm praying that the judge will enact a wage garnishment so i will recieve something. I just cannot believe it was lowered to $240.00! thanks for your help I live in cincinnati ohio
mom to 5

[aaron]

According to the Licking County Court website,

If you object to the Findings & Recommendations of the Hearing Officer, you additionally have fifteen (15) days to appeal in writing and request a Court hearing be scheduled. The CSEA must receive your request for a Court Hearing in writing within this required time frame.

I don't know what county you are in, but there is almost certainly the same (or a very similar) appellate process and timeframe in your county. I suggest that you consult a local lawyer about the ruling, what is likely to happen at a court hearing, and whether you would benefit from having legal representation.

[Ohiogal]

I was wondering if anyone could help me?. I just returned from an administrative modification hearing because my ex wants a decrease in child support. This was after he filed for a review and then appealed the review becasue his order was only lowered by $40.00. He brought new info to the hearing and said he is working part time at $14.00/hr. we are both married and have additional children. I have 4 more.,and he has 4 more as well.

Neither one of your additional children counts in Ohio.


I stay at home and am raising my children and the hearing administrator asked me if i had a degree. I told her i had a associates degree in business but had not worked in 10 yrs. Two days later i recieve in the mail an adjustment. he went from paying $495.00/month to $240./month. She imputed my income as $29,785.60 and his income at $29,93.60

Not a problem with that.

She based this on the fact that i am voluntarily not working and the last time i did work i was making approximately
$13.00/hr. She stated she imputed my potential earnings. I am completely frustrated becasue if she can take my potential earnings why cant she take his?

She did.

He has a bachelors degree and is working part time for $14.oo/hr.


14 x 40 x 52 =29120.

Also, if i were working full time wouldnt she have to consider day care cost in there?

No. Day care is not an actual cost for you at this point. If it was an actual cost she would calculate it based on the amount you spend on the child that your ex is responsible for supporting and not all the children.
There is no way i would make that amount of money after not working 10yrs and with having to pay for child care. I need to know quickly if i should appeal? It would be in the courts for review if i appeal.

You can file for an appeal but you better have very good legal reasons why this amount is wrong. You have the capacity to earn $13 an hour. You haven't done it. You are voluntarily unemployed and hence an income will be imputed to you.

Whats also frustrating is he was been found in contempt 2 weeks ago, and has a court hearing on those charges in October.

Different issue.

He owes around $10,000 in child support. I'm praying that the judge will enact a wage garnishment so i will recieve something. I just cannot believe it was lowered to $240.00! thanks for your help I live in cincinnati ohio
mom to 5

Wage garnishment is required in Ohio according to statute. Why hasn't it been ordered already? Is he self employed? Has he recently changed jobs? oh and in the decrease does not affect his arrearages.

[momto5]

if i have the capacity to make $13.00/hr with an associates degree, are you telling me that with a bachelors degree his earnings are fairly computed at $14.00/hr? I understand that $14.00 are his actual earnings,but his potential is much more than that. A local attorney advised me to seek employment part-time even if only at minimum wage, that way they would take my actual earnings instead of potential. is this right?

[Mr. Knowitall]

Do you have any actual evidence that he is intentionally earning less than he could at another job? Most people take the best job they can get. Few would work full-time, while trying to support the type of brood you describe, yet intentionally earn less than they are capable of making if they switch to a different job.

Why are you reluctant to take your lawyer's advice?

[momto5]

I do not have any physical evidence to support my claim. this is a man who has never willingly paid child support. He has quit jobs as soon as a garnishment is enacted,and then its months before the CSEA or myself can find him, and then its weeks more of postal verifications to update his address as well as time enforcing a wage garnishment at a new employers if he works at all. You should understand that i had my daughter when i was 18 and i am a completely different person now than i was then. we were never married, and he has always felt that he should not have to pay child support. For some reason he thinks that he is giving money to me so i can go shopping or something. Its pretty ridiculous. Anyway, i do not have proof he has the potential to earn more, other than in the past he has earned more. and like i stated previously, he has a degree. I dont believe he actually supports his other children, i think his mother does. I wanted to get a second opinion in regards to me finding a job. I respect the attorney i talked with, however he just gave me advice, i have not retained him for counsel. Thanks

[momto5]

Wage garnishment is required in Ohio according to statute. Why hasn't it been ordered already? Is he self employed? Has he recently changed jobs? oh and in the decrease does not affect his arrearages.

a wage garnsiment was issued,however usually after it has gone into effect for a few months he quits his job. And then we start all over again with postal verifications and employment verifications. Also, in the state of ohio there is deduction allowed for each additional child living with you. It is figured into the worksheet. I understand when you say that child care is not an actual cost for me, however i am not actually working either. It just seems to make sense that if they impute a salary to me for the sake of figuring out child support, then everything associated with that assumption should be recongnized. . thanks