Defenses to Contempt Proceedings for Failure to Pay Child Support
My question involves child support in the State of: ohio
Does anyone know if Bauer v. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987), is still a valid case or is there something better suited for this situation?
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
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brngthepain13
My question involves child support in the State of: ohio
Does anyone know if Bauer v. Bauer is still a valid case or is there something better suited for this situation?
This is never a popular question but can you please explain why you should be given a break for not supporting your child?
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
I shouldn't be given a break. Maybe a little understanding of circumstances and a fair shake at paying a reasonable child support amount. I have paid as much as I have had. Past couple of yrs I have even gone down to the plasma center to donate so that I could send even a little bit. I have been paying an attorney for the past 2yrs just trying to get a fair shake in trying to reduce the child support. Recently my situation has become a lot more stable, so I am hoping my job search will pan out so I am able to pay the proper amount. Have insurance now so I was able to get on some medication as well and getting some help for my lowerback. No excuses, I think sometimes you feel you are so far down the rabbit hole you lose sight of the light and just give up.
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
The state won't force Mom to forego what she's owed, and a modification will absolutely not be made retroactive in this case.
If you had filed for a modification way back when, at least the Ohio courts have the option of making it retroactive to when you filed/Mom being served. But as that's not the case here, the statute prevents the court from applying a new modification to the past due amount.
A fairly recent case is here
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The law in question prohibits judges from retroactively modifying child-support orders. But it doesn’t prohibit parents from reaching some sort of agreement to modify child-support orders.
In other words, just because the court can't do it themselves it doesn't mean that you and Mom can't come to your own agreement.
The court is also not likely to be overly thrilled to learn that you are on the one hand pleading poverty (more or less), but have been paying an attorney for two years to try and get the amount reduced. Hell, the arrears would have been wiped out completely, surely?
Out of sheer curiosity, because I'm obviously missing it, why do you think Bauer is relevant to your situation?
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
My son will turn 18 this coming year and should be done with school before 19. I'm not trying to get out of paying, its always nice to know where you stand when jail time is involved. The understanding I have about Bauer is that it takes jail time out of the equation because child support is considered a lump sum at that point. Bauer seems quite old as far as cases. Not sure if it is a relevant case with this regard.
For clarification: I have not paid my attorney for a steady 2 years, it has taken me 2 years to scrape together a little money here and a little money there to send to him. 10 dollars here, 20 dollars there. I am still only halfway paid for him. I am out of state so I felt the best way to deal with the child support at this point was to find an attorney in that state.
I am in south carolina the case is in ohio.
At the risk of sounding like a shit head, does child support have to send me a certified letter for contempt or have the marshalls serve it to me since I am out of state?
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
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Quoting
brngthepain13
My son will turn 18 this coming year and should be done with school before 19. I'm not trying to get out of paying, its always nice to know where you stand when jail time is involved. The understanding I have about Bauer is that it takes jail time out of the equation because child support is considered a lump sum at that point. Bauer seems quite old as far as cases. Not sure if it is a relevant case with this regard.
For clarification: I have not paid my attorney for a steady 2 years, it has taken me 2 years to scrape together a little money here and a little money there to send to him. 10 dollars here, 20 dollars there. I am still only halfway paid for him. I am out of state so I felt the best way to deal with the child support at this point was to find an attorney in that state.
I am in south carolina the case is in ohio.
At the risk of sounding like a shit head, does child support have to send me a certified letter for contempt or have the marshalls serve it to me since I am out of state?
The gist of that decision is this:
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After a child has attained the age of majority and child-support money yet unpaid is reduced to a lump-sum judgment during a civil proceeding, the judgment becomes a debt, and imprisonment for that debt is precluded under Section 15, Article I of the Ohio Constitution.
This would appear to still be good law.
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
Thanks for the feedback. Also want to say that I appreciate you not responding with some sort of "just pay it" or other sort of comment. Sometimes it takes a little bit of light to get a person doing the right thing.
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
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brngthepain13
Thanks for the feedback. Also want to say that I appreciate you not responding with some sort of "just pay it" or other sort of comment. Sometimes it takes a little bit of light to get a person doing the right thing.
The Bauer decision was made using a completely different set of facts.
Hence Bauer does not apply to you.
And finally, a word. Why on earth should people not respond with "just pay it", when you've clearly refused to support your child? Would you tell your child, "Oh just eat ramen and deal with it"?
Didn't think so.
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
Ah there it is you internet tough guy. So please grace us with your wisdom why is it that it would not apply to my case?
"just pay it" please tell me how I was supposed to do that sitting in a prison cell? And if the law was so righteous at the time why was it changed? If your answer is that I could have appealed or something close to that, then you sir/ma'am need to give your chair a rest from supporting you and get some sunlight and go experience the real world. So by this rational I should what rob a bank, sell drugs, rob someone like you to pay this child support. Exactly, you don't want me showing up at your door and taking your crap to pay my child support. So please enlighten me when there is no money, and I mean none what would you have me pay it with? Should I ask for a reduction? Been there done that. In your world, child support answers the phone in a sweat voice and says well yes sir we will help you, as well as the judge. In the real world most of the time you get an answering machine, or if you get through to the case manager who is typically a woman they dont give a shit that you busted your ass, lost your job and have another child to raise. Also while paying child support on the other child who you are taking care of and lives with you full time.
I asked a couple of questions on a forum, I did not ask for the dribble shit smelling answer you let roll out of your mouth like shit out of an asshole. And yes, if all there was to eat I would tell my child to eat ramen. Plenty of kids do. If you have never experienced rough times as a kid or an adult then you should consider yourself rather fortunate because the other 90% has.
Please do not presume to know me after a couple of short paragraphs on a message board and I will not presume to know you. "just pay it" is a comment that is equivalent to an elementary school kid throwing a temper tantrum and stomping your feet.
There is nothing wrong with not wanting to go to jail for something as fundamentally wrong as child support. Why would anyone want to be around or support anything that could put them in prison?
Re: Bauer V. Bauer, 39 Ohio App.3d 39 (Ohio App. 1987)
(I snipped much of the whining so as not to pain my fellow contributors)
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"just pay it" please tell me how I was supposed to do that sitting in a prison cell? And if the law was so righteous at the time why was it changed? If your answer is that I could have appealed or something close to that, then you sir/ma'am need to give your chair a rest from supporting you and get some sunlight and go experience the real world. So by this rational I should what rob a bank, sell drugs, rob someone like you to pay this child support. Exactly, you don't want me showing up at your door and taking your crap to pay my child support. So please enlighten me when there is no money, and I mean none what would you have me pay it with? Should I ask for a reduction? Been there done that. In your world, child support answers the phone in a sweat voice and says well yes sir we will help you, as well as the judge. In the real world most of the time you get an answering machine, or if you get through to the case manager who is typically a woman they dont give a shit that you busted your ass, lost your job and have another child to raise. Also while paying child support on the other child who you are taking care of and lives with you full time.
I asked a couple of questions on a forum, I did not ask for the dribble shit smelling answer you let roll out of your mouth like shit out of an asshole. And yes, if all there was to eat I would tell my child to eat ramen. Plenty of kids do. If you have never experienced rough times as a kid or an adult then you should consider yourself rather fortunate because the other 90% has.
Please do not presume to know me after a couple of short paragraphs on a message board and I will not presume to know you. "just pay it" is a comment that is equivalent to an elementary school kid throwing a temper tantrum and stomping your feet.
There is nothing wrong with not wanting to go to jail for something as fundamentally wrong as child support. Why would anyone want to be around or support anything that could put them in prison?
Glad you got that out of your system.
If you would like a simplified explanation, please feel free to contact your attorney at your earliest convenience.
Have a fabulous weekend!
Oh one more thing. Please tell us how supporting your offspring is "fundamentally wrong".