My question involves child support in the State of: Ohio
My biological father, whom I live with does not pay child support for my 16-year old brother who lives with my biological mother.
My bio father and my bio mother resent each other, but an agreement was made that if he pays $170 a month she will not take him to court over child support, so he does.
Recently, she got in contact with him and informed him that the state wants his information, if they get that information they will charge him 400$ a month, they are taking her off food stamps supposedly because she will not hand over his information, so her counter offer was if he pays her 270$ a month instead of the 150$ she will go off of food stamps and not give up his information.
Now bear in mind, she and her boyfriend live with his disabled mother and they all live off of her disability money, none of them have jobs, so she's not the most honest person. My fear is that she is lying because she knows we can't afford 400$ a month, and we can't by any means, so logically my father will agree to pay the 270$.
Is there anything else we can do? It's not right that she has the power to hold this over his head whenever he doesn't do what she wants him to and I'm starting to think she's full of it.
Any advice?
-
09-04-2013, 05:53 PMAddiiDemand for Increase in Voluntary Support to Avoid State Support Proceedings
-
09-04-2013, 06:18 PMDogmatiqueRe: This Can't Be Right
She has every right to file for guideline child support whenever she feels like it.
Dad needs to find an Ohio CS calculator and run the numbers. $170 is very low - if the numbers show $400, he best get used to that fact. -
09-04-2013, 06:33 PMFatherWhoWonRe: This Can't Be Right
Are you still a minor?
-
09-04-2013, 07:19 PMAddiiRe: This Can't Be RightNo, I'm in my 20sQuote:
Quoting FatherWhoWon
-
09-04-2013, 07:22 PMDogmatiqueRe: This Can't Be Right
Please try to see this from another point of view.
If Dad was actually paying guideline support, perhaps Mom wouldn't need to be on food stamps? -
09-04-2013, 07:36 PMAddiiRe: This Can't Be RightIt's now 270$, to replace her food stamps. She said if he doesn't want to do that she will give them his information and take him to court and get a much higher number (could be 400 could be higher)Quote:
Quoting Dogmatique
- - - Updated - - -
To further explain the situation, my brother lived with our grandparents, when they became unable to take care of him any more he went to my mother, my mother then demanded he pay her 170$ or she threatened to take him to court. He pays that every month. Now she wants more, either A: because the government won't give her food stamps anymore or B: Because she legitimately wants to help him. Did I mention her boyfriend is a drug addict and they both live off of his mothers disability money? Neither one will get a job, though both are capable.Quote:
Quoting Dogmatique
The money he sends for my brother goes to her. He never sees a dime of it. I see where the argument could be "well, she takes care of him so it is still going to him" No, she spends it on stuff for herself, and now she wants more money all of a sudden. Can you see where this all seems a bit shady? -
09-04-2013, 07:58 PMDogmatiqueRe: This Can't Be Right
Your brother is not entitled to any money - it's not his. It's Mom's.
No, I'm not seeing shady.
What she lives on, who she lives with, isn't Dad's business. Does kiddo have a roof over his head? Food in his stomach? Clothing on his back? That's really all the state requires.
- - - Updated - - -
ETA: Have Dad plug in the numbers to see roughly what he would be paying by state guidelines: http://www.divorcehq.com/calculators/ohio-child-support-calculator.shtml
Impute Mom an income equal to 40 hours @ min. wage. -
09-04-2013, 07:59 PMAddiiRe: This Can't Be RightIt's his business because it's his son too, though she won't let him see him.Quote:
Quoting Dogmatique
Would you want to be paying money to benefit your son, and instead it goes all to his mother and her coke head boyfriend? -
09-04-2013, 08:08 PMDogmatiqueRe: This Can't Be Right
It's not his business who she lives with and what she lives on. Legally, the court doesn't care a great deal.
You want legally accurate responses, yes?
Here's the cold hard truth.
1. It's not your legal business either - though I did pull out the calculator so you can pass it on to Dad.
2. No matter where she gets it from, she IS providing for their son. Does that mean it's fair? Not necessarily. But that's the way it is.
3. It's up to Dad to enforce visitation (assuming there's actually an order for visitation/parenting time)
4. He needs to understand child support. He can read this (just change the pronouns)
"Treat your checking account like a swimming pool. Every month, you add 500 gallons of water from child support. You add another 1000 gallons from your job. Maybe you have a birthday and get another 50 gallons for gifts.
Now, you take 300 gallons out to pay your rent. You take 200 gallons out for food. Another 200 gallons for medical care.
How in the world would you be expected to know that the gallons you took out for food, clothing, etc was the same as the money that went in for child care? Obviously, you can't.
Bottom line is that as long as the child is fed and clothed and has shelter, ex has no say in how child support is spent."
The ultimate bottom line though, is that Mom can initiate child support proceedings whenever she wants, and Dad will have to pay according to guidelines.
Think about it - with court ordered child support, Dad is actually protected. It means Mom can't dangle anything over his head.
Court orders are our friends.
:cool: -
09-04-2013, 08:24 PMDisagreeableRe: This Can't Be Right
The time to question her fitness to be a parent was before knocking her up.
Quote:
Quoting Addii