Can You Modify Child Support Due to Broken Contract of Mediation

My question involves child support in the State of: Ohio
In Jan of this year, ex left town to live with new lover one hour away She signed over full custodial rights of 4 children to myself and now has visitation once a week. We completed this during mediation in Feb. During the mediation, it was determined that the children, who have many activities during the weekends, were to betransported to these activities by mother. The verbage, was "both parents shall make every effort to get the kids to their activities or make arrangements for them to get to their activities." In the meeting we had prior to mediation, she and her boyfriend promised to transport them to their activities when they had the children. Because of the cost associated with the transportation, I did not pursue child support at the mediation, also knowing that she would fight it. This lasted all of a month. In March she informed me that she would no longer be able to transport the children due to she is unable to drive and that it was taking time away from her boyfriend's time with his children. From that point on I had to transport children, which included some distant activities. There was no communication from her and I would always communicate the schedule. This meant that 90% of the time I maintained children on her weekends. Because of having to transport children, I had to quit my weekend employment and lost substantial wages. In meantime, because of their participation in these activities the two eldest children have earned full athletic scholarships to college. I have know filed for a modification of child support and judge has informed me that I must prove a substantial change of circumstance. The verbage that "BOTH PARENTS..." meant that I should have the responsibility of making sure they attend those activities regardless of whether ex transported them or not.
FACTS:
1. Ex is not a legal resident of the country, and uses that as excuse not to gain employment
2. Ex has not applied for legal residency
3. Ex relies on support from boyfriend including transportation because she is unable to drive
4. Ex does not communicate intentions for weekends, so I have no idea who she is taking
5. She has taken children to activities periodically (approximately 4 times) since March, but only when convenient to her and local
6. Claims is not responsible for transportation since she did not approve of the activities (which she did, but claiming did not)

Do I have right for modification

Quote:

---

Quoting ranger1967

---

My question involves child support in the State of: Ohio
In Jan of this year, ex left town to live with new lover one hour away She signed over full custodial rights of 4 children to myself and now has visitation once a week. We completed this during mediation in Feb. During the mediation, it was determined that the children, who have many activities during the weekends, were to betransported to these activities by mother. The verbage, was "both parents shall make every effort to get the kids to their activities or make arrangements for them to get to their activities." In the meeting we had prior to mediation, she and her boyfriend promised to transport them to their activities when they had the children. Because of the cost associated with the transportation, I did not pursue child support at the mediation, also knowing that she would fight it. This lasted all of a month. In March she informed me that she would no longer be able to transport the children due to she is unable to drive and that it was taking time away from her boyfriend's time with his children. From that point on I had to transport children, which included some distant activities. There was no communication from her and I would always communicate the schedule. This meant that 90% of the time I maintained children on her weekends. Because of having to transport children, I had to quit my weekend employment and lost substantial wages. In meantime, because of their participation in these activities the two eldest children have earned full athletic scholarships to college. I have know filed for a modification of child support and judge has informed me that I must prove a substantial change of circumstance. The verbage that "BOTH PARENTS..." meant that I should have the responsibility of making sure they attend those activities regardless of whether ex transported them or not.
FACTS:
1. Ex is not a legal resident of the country, and uses that as excuse not to gain employment
2. Ex has not applied for legal residency
3. Ex relies on support from boyfriend including transportation because she is unable to drive
4. Ex does not communicate intentions for weekends, so I have no idea who she is taking
5. She has taken children to activities periodically (approximately 4 times) since March, but only when convenient to her and local
6. Claims is not responsible for transportation since she did not approve of the activities (which she did, but claiming did not)

Do I have right for modification

---

To be honest dad, its possible that a judge would rule that the children could not participate in activities during mom's limited time with them. Don't get me wrong, I am a great believer in parents fully embracing their children's activities, but when a parent has limited time with the children, judges tend to think that the time should be spent how that parent wants. Therefore, a modification could backfire on you, particularly when mom cannot drive and therefore has to rely on someone else to provide transportation.

Even if she had agreed in the first place? This is the issue. Not asking for visitation modification. Child support modification, she pays none because of original agreement. Therefore I need to see if there is justification for modification in the first place. Also this would mean that children couldn't participate in any activities while in my care either, since culmination from these activities are usually on weekends.

What is the distance between mom and where the children practice these activities? What is your solution to how she's supposed to get her children to/from them if she's not able to drive?

If the ex is not a legal resident of this country (so, I'm taking it she's here illegally), how is that an EXCUSE not to gain employment? Isn't it against the law for employers to hire people who aren't supposed to be here legally? Forget what happens just because people choose illegal behavior, but what the court can order her to do (which is only participate in legal behavior).

Quote:

---

Quoting CourtClerk

---

What is the distance between mom and where the children practice these activities? What is your solution to how she's supposed to get her children to/from them if she's not able to drive?

If the ex is not a legal resident of this country (so, I'm taking it she's here illegally), how is that an EXCUSE not to gain employment? Isn't it against the law for employers to hire people who aren't supposed to be here legally? Forget what happens just because people choose illegal behavior, but what the court can order her to do (which is only participate in legal behavior).

---

There is also the point that he chose to have 4 children with someone who is not in the country legally, and never did anything to get her status changed.

- - - Updated - - -

Quote:

---

Quoting ranger1967

---

Even if she had agreed in the first place? This is the issue. Not asking for visitation modification. Child support modification, she pays none because of original agreement. Therefore I need to see if there is justification for modification in the first place. Also this would mean that children couldn't participate in any activities while in my care either, since culmination from these activities are usually on weekends.

---

Even if she agreed in the first place. She can ask for a modification as easily as you can...or can defend against your modification by convincing the judge that she is unable to provide transportation to activities. Do you honestly think that a judge is going to take away the limited time she has because she cannot transport the children to activities?

Quote:

---

Quoting llworking

---

There is also the point that he chose to have 4 children with someone who is not in the country legally, and never did anything to get her status changed.

---

Yeah, but since this is all her fault, there's no point in trying to get him to actually see his culpability in all of this. It wouldn't be fair, at all.

- - - Updated - - -

Quote:

---

Quoting llworking

---

Even if she agreed in the first place. She can ask for a modification as easily as you can...or can defend against your modification by convincing the judge that she is unable to provide transportation to activities. Do you honestly think that a judge is going to take away the limited time she has because she cannot transport the children to activities?

---

And she wouldn't even have to work hard at "convincing" him. Pay attention OP, you've already made her argument for her based on the facts YOU'VE provided:

1. Fact - She's in the country illegally which means she can't obtain a driver license. Since she can't obtain a driver license, she can't drive. She can't obligate anyone else to care for or transport her children and the court can't order a disinterested third party to do it.

Well, that's done.

There isn't a court in the land that would cut her parenting time because she doesn't have a vehicle. They stopped doing that about the same time they stopped penalizing parents for not working, or single parents for going to school.

Ok. Some points left out.
1. She previously resided in same town when divorce decree signed. She chose to move an hour and half away, leave the children and move in with a man.
2. We had 60/40 custody arrangement until she moved. Because she moved, I was awarded full custody.
3. Previously due to her not being able to drive, I would transport children to all activities, and since at that time I had children thur-Mon, weekends were very easily completed and if there were child care issues she COULD (usually not) assist. She lived less than mile away.
4. Previous arrangements were made for her to get her residency status changed, but finances and her criminal background prevented it at the time (felony driving without license).
5. She is able to pick children up and transport them to activities that she arranges (going to her friends houses, parties, fairs etc) that are located hours from her boyfriend's house).
6. She DID live by the arrangement to take children to activities until boyfriend felt it was unfair because I would also go to see their activities (although I would arrange work in the area so I could work and see kid...im an independent contractor).
7. This isn't cutting her parenting time, it is allowing her the opportunity to engage in the children's lives, not for them to only engage in hers. If she can come pick them up, take them to her events and bring them back, she can also transport them to their events.
8. She also has a midweek visitation but has not used that visitation since original modification order (8 months). So in sense, she is the one cutting her visitation time by not using the extra day visitation.
9. Finally she is using the illegal status in effort NOT to work and understands that if she gains status she is obligated to assist in supporting the children (which takes away from her tattoo money lol).
10. She has a foreign bank account which can not be tracked by domestic court. She already owes over $3500 in back actvity fees which are dictated in the divorce degree that she pays half, as well as school fees, medical costs and transportation fees.

This isn't an attempt to TAKE time away from the children its exactly the opposite...to have her spend MORE time with them. Currently because of their activities (and this includes school activities), she sees the older children MAYBE once every 3 months, if lucky.

Quote:

---

Quoting ranger1967

---

Ok. Some points left out.
1. She previously resided in same town when divorce decree signed. She chose to move an hour and half away, leave the children and move in with a man.
2. We had 60/40 custody arrangement until she moved. Because she moved, I was awarded full custody.
3. Previously due to her not being able to drive, I would transport children to all activities, and since at that time I had children thur-Mon, weekends were very easily completed and if there were child care issues she COULD (usually not) assist. She lived less than mile away.
4. Previous arrangements were made for her to get her residency status changed, but finances and her criminal background prevented it at the time (felony driving without license).
5. She is able to pick children up and transport them to activities that she arranges (going to her friends houses, parties, fairs etc) that are located hours from her boyfriend's house).
6. She DID live by the arrangement to take children to activities until boyfriend felt it was unfair because I would also go to see their activities (although I would arrange work in the area so I could work and see kid...im an independent contractor).
7. This isn't cutting her parenting time, it is allowing her the opportunity to engage in the children's lives, not for them to only engage in hers. If she can come pick them up and bring them back, she can also transport them to events.
8. She also has a midweek visitation but has not used that visitation since original modification order (8 months). So in sense, she is the one cutting her visitation time by not using the extra day visitation.

---

Legally that does not change anything. Legally, she can neither work nor drive, and a judge cannot order someone else to transport your children to activities nor order someone else to support your children...nor will the judge take away her limited parenting time. The judge already did what the judge could do about her move. The judge gave you primary custody.

Legally she CAN work..US Code does not prevent a undocumented person from working. It prevents them from using false documentation in order to obtain employment. She can also work as independent contractor. She has a social security number also. Driving is another thing, but it was her choice to relocate not the children's or mine, so the children should suffer because she chose a partner over them? legally of course.

Does she have LEGAL AUTHORIZATION to work in this country?

The answer to that sounds like no, even if you want to make it sound like anything else.

Although not Ohio, the state of Minnesota said yes and so did California. Again, we are talking about the best interest of the children. She can go back to her country and work until her visa application is processed. There is a reciprocal agreement with her own country. She's not been helping to support the children for a year now, not one dime (although she has over $1400 in ink done to her body in that same time period). I don't need the money the children do, and have one headed for college in a year.

I did side work for a year, and no questions asked was paid cash (I reported though). Again, I don't think anyone cares where it comes from as long as the children receive it. Correct?

Quote:

---

Quoting ranger1967

---

Although not Ohio, the state of Minnesota said yes and so did California. Again, we are talking about the best interest of the children. She can go back to her country and work until her visa application is processed. There is a reciprocal agreement with her own country. She's not been helping to support the children for a year now, not one dime (although she has over $1400 in ink done to her body in that same time period). I don't need the money the children do, and have one headed for college in a year.

I did side work for a year, and no questions asked was paid cash (I reported though). Again, I don't think anyone cares where it comes from as long as the children receive it. Correct?

---

Incorrect. If you want a court order for child support you have to be able to demonstrate that the parent is legally able to work in this country. You are also wrong that she can work as a contractor. She can own a business in this country from which she derives profits, but that is a bit different than being a contractor.

How does she have a valid SSN if she is not a legal resident of this country? Again though, even an SSN does not mean that she is legally authorized to work in this country. It just means that at some point in her life she had a valid reason to be issued an SSN.

Minnesota Supreme court stated that even though illegal, a court can order child support and if there was no effort on the part of the illegal resident to gain residency, then child support can be ordered, particularly if illegal had any type of employment (even illegally) previously. Once again whether works in the US or outside the US it shouldn't make a difference. And there are millions of undocumented aliens who have to pay child support as ordered by the court.

She has a valid SSN due to previously being a temporary resident. Her chances of getting residency is 50/50 due to a felony and indecent exposure with a minor charge. I attempted to get her residency but the felony conviction prevented that. The judge already signed the decree that she must pay 50% of all activity and school fees.

I agree that you need to be able to demonstrate the ability to work, but does it matter in which country they are able to work? The children are American citizens and reside here. Does the court have jurisdiction to order support whether they work here or anywhere for that matter.

If order is not granted, she will never get her residency. Why should she?