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Establishing Support when No Initial Support Was Awarded

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  • 09-03-2017, 07:39 AM
    law_guy1234
    Establishing Support when No Initial Support Was Awarded
    My question involves a child custody case from the State of: Ohio

    We were divorced seven years ago.

    The original plan called for no child support. (Familiar story, I guess... spouse makes a lot more than me but I just wanted out, wasn't thinking about long term, I was young, no attorney, etc... please don't lecture me on what is done...)

    The only thing I did get out of the deal was the right to live in the family house rent free. I am doing better financially (spouse still makes more than twice what I make) and looking to get out of the house because the other parent still owns it (yeah, I know I got a raw deal) and makes my life miserable living here. To get out and get another place, I need more money.

    Kids are 8, 10 and 13.

    We have a shared agreement, although the kids are with me more -- about 70% of the time?

    I know that child support amounts can be re-evaluated every three years (https://jfs.ohio.gov/Ocs/ReviewandAd...t_Overview.stm) but what if the original order called for no child support?

    Do I need to file that request with the court?

    Could the judge even order child support now?

    I know I need to get an attorney, and I have a little money saved to do that, but I wanted an independent opinion from you guys first on whether a judge could order support now when no original support order was granted.
  • 09-03-2017, 08:13 AM
    llworking
    Re: Establishing Support when No Initial Support Was Awarded
    Child support is fluid and modifiable therefore you certainly can ask for child support now. However, do not be surprised if dad attempts to challenge custody as well. He should not be able to succeed if there is no significant change of circumstance in the children's lives, but he still might try to do so. It kind of a knee jerk reaction that many parent's have when they are faced with paying child support. You should not let that scare you into not filing for support.
  • 09-03-2017, 08:35 AM
    law_guy1234
    Re: Establishing Support when No Initial Support Was Awarded
    Thank you. I can call Ohio Job & Family Services on Tuesday, I know, but off hand do you know if this is something that would happen with the ODJFS administratively, or do I have to file with the court?

    Edit: Also, we both have custody now (shared parenting), so what you're suggesting he might try to do is win full custody?
  • 09-03-2017, 08:52 AM
    llworking
    Re: Establishing Support when No Initial Support Was Awarded
    Quote:

    Quoting law_guy1234
    View Post
    Thank you. I can call Ohio Job & Family Services on Tuesday, I know, but off hand do you know if this is something that would happen with the ODJFS administratively, or do I have to file with the court?

    If that agency is the child support agency then yes, they can handle it administratively.

    Quote:

    Edit: Also, we both have custody now (shared parenting), so what you're suggesting he might try to do is win full custody?
    Not full custody, but a change in timeshare so that he has the children more time than you do, so that he would be the one entitled to file for child support.
    Again, though, he should not be able to prevail in a custody modification if there is no change in circumstances in the children's lives. (negative change or you trying to move a long distance away).
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