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  1. #1
    Join Date
    Dec 2010
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    2

    Default Child Support and Separation

    My question involves child support in the State of: Ohio

    My husband I plan to separate and eventually file for divorce in a few months. If we do not file a LEGAL separation, will he still be required to pay child support once we are no longer living together? What if he tries to obtain joint custody, will he have to pay child support if that is granted to him? What is the process of being granted child support? ex. DNA testing etc? Is there a waiting period or is it immediate?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support and Separation

    You can file for child support once you are living separately. Depending on how much you each earn - since Ohio uses the "shared income" model of calculating child support - he or you could end up paying even with a 50-50 timeshare.

    It's very very easy to start the process in Ohio and assuming the child/ren were born during the marriage, he will be considered the legal father and there will be no need for DNA testing (unless he wants to dispute paternity). It could take several months depending on how busy the courts are, and the amount is usually retroactive to the date you file.

    This is the link to the OCS; start reading

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Child Support and Separation

    WOW!! Thanks so much!!

    Regarding custody: Do we have to go though a court process to decide who gets custody? Or is it typically given to the mother provided she is a fit parent (which I am more than). He wants joint custody...but I honestly think it's only because he thinks he wont have to pay child support that way. And I really wouldnt mind joint custody, the only problem is I would like to move out of state in the future. How does that work?

  4. #4
    Join Date
    Nov 2010
    Location
    ARIZONA
    Posts
    33

    Default Re: Child Support and Separation

    Quote Quoting nichole79
    View Post
    WOW!! Thanks so much!!

    Regarding custody: Do we have to go though a court process to decide who gets custody? Or is it typically given to the mother provided she is a fit parent (which I am more than). He wants joint custody...but I honestly think it's only because he thinks he wont have to pay child support that way. And I really wouldnt mind joint custody, the only problem is I would like to move out of state in the future. How does that work?

    there are two different "custody the first would be legal and that just means he and you have to work together to choose best school, dr, sports and all that . second would be physical and that would be like week at your house week at his house.

    My bestfriend lived in Ohio and had both legal and physical custody of her son and moved to Arizona they had to go to court on it and it was awarded she could move but she has to pay 100% Travel for her son to go back there for his visitation

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support and Separation

    Quote Quoting nichole79
    View Post
    WOW!! Thanks so much!!

    Regarding custody: Do we have to go though a court process to decide who gets custody? Or is it typically given to the mother provided she is a fit parent (which I am more than). He wants joint custody...but I honestly think it's only because he thinks he wont have to pay child support that way. And I really wouldnt mind joint custody, the only problem is I would like to move out of state in the future. How does that work?

    You'll generally need to notify Dad of your intent to relocate; please be aware that you'll need to do this regardless unless your custody agreement gives you complete control over where the kids reside (which would be quite uncommon). If he fights, you'll have to show the court why moving is in the best interest of the kids (not you).

    Generally the primary residential parent will be the one who has provided the majority of care - for example, if you've been a SAHM then you would usually remain the residential parent. Please also note that joint physical custody does not necessarily mean a 50-50 timeshare. It simply means that both parents have some form of physical custody of the kids. A 50-50 timeshare is not commonly ordered unless both parents are in agreement and when they live close enough together to make it work. Obviously if you relocate that's not going to work.

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