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  1. #1
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    May 2019
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    Default Administrative Review of Court-Approved Child Support Deviation in Ohio

    My question involves a child custody case from the State of: Ohio

    Dissolution was finalized two years ago. Because my ex claimed it would be a hardship, I agreed to deviate from the guideline support amount of roughly $1,000 per month (total). I agreed to $150 a child. There are three kids.

    I am the custodial parent and during the school year, he gets them every other weekend. He is supposed to have them half the time in the summer.

    In the two years since the dissolution, the ex has grossly ignored his time, and it has caused an unforeseen financial burden on me. He refuses to take them half the time in the summers, only doing every other weekend, if that. He has had one of the kids still subject to the order about four or five days total since school started last fall.

    Ohio allows an "administrative review" every 36 months. However, in this document http://jfs.ohio.gov/Ocs/pdf/Admin_Re...stionnaire.pdf it lists reasons for a review before the 36 months are up.

    One of those reasons is #7 -- obligation terminated for at least one child when there are others still under the order. Our oldest daughter aged out of support last fall.

    Does this give me reason for an administrative review to INCREASE the support to the guideline amount?

    Can an administrative review change a court-approved deviation, or do I have to take him back in front of the judge?

    Also, I make a fair bit more than my ex -- about $100k vs. $60k. But he agreed to pay me because I am the custodial parent. Since he was named the obligor in the court order, that cannot be changed by the administrative review, correct? I just want to make sure this doesn't result in me having to pay him just because I earn more.

    Sorry that I rambled a bit, and thanks.

  2. #2
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    Oct 2006
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    15,186

    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    You can always ask for a modification to bring the support to guideline support.

  3. #3
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    May 2019
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    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    Quote Quoting llworking
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    You can always ask for a modification to bring the support to guideline support.
    Can an administrative review make me the obligor based on the fact that I make more than him, or would that have to be argued in front of the judge?

  4. #4
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    Jul 2018
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    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    Quote Quoting qwerty000
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    Can an administrative review make me the obligor based on the fact that I make more than him, or would that have to be argued in front of the judge?
    I'm hard pressed to imagine how that could be possible given that your ex appears to have the kids only 2 out of every 14 days.

  5. #5
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    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    Quote Quoting qwerty000
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    Can an administrative review make me the obligor based on the fact that I make more than him, or would that have to be argued in front of the judge?
    I do not believe so. If you had equal time with the children on a 50/50 schedule then its possible or even probable that you would have to pay him some support. However, since he appears to not exercise a great deal of his parenting time and you never had a 50/50 schedule I don't see how a judge or an administrative review could justify ordering you to pay him support.

  6. #6
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    Dec 2013
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    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    You might find that he starts exercising his time if he thinks that he will end up paying more if he doesn't.
    Make sure you LOVE your child more than you HATE your ex.

  7. #7
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    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    Quote Quoting llworking
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    I do not believe so. If you had equal time with the children on a 50/50 schedule then its possible or even probable that you would have to pay him some support. However, since he appears to not exercise a great deal of his parenting time and you never had a 50/50 schedule I don't see how a judge or an administrative review could justify ordering you to pay him support.
    Thanks. My worry comes from the fact that when we wrote and filed our initial parenting agreement, he agreed to being the obligor because we both decided that I would be the custodial parent. There was never an argument about who would pay whom. However, I'm concerned he will backtrack if he is ordered to pay guideline support rather than the lower deviation, and I'm not sure whose side the court will come down on if he does decide to argue it.

    Also, the guideline support was the much higher amount even if he used all of his time, and he's not coming close to that. With summer coming up, I know I'm going to struggle a bit because he won't take the kids half the time like he's supposed to.

    (He says ridiculous stuff like, "they aren't allowed to be alone at my house through the day"; he also sends them home if they ask for friends over, etc., because "their time with me is my time"; I've told him dozens of times that "no, their time with you is the time you are supposed to be a parent, not your time to be entertained by them" but he doesn't accept that.)

    Quote Quoting readytoleave
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    You might find that he starts exercising his time if he thinks that he will end up paying more if he doesn't.
    That would be great, and I would be just fine with getting the lower amount we originally agreed to if he would do that.

  8. #8
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    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    Quote Quoting qwerty000
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    Thanks. My worry comes from the fact that when we wrote and filed our initial parenting agreement, he agreed to being the obligor because we both decided that I would be the custodial parent. There was never an argument about who would pay whom. However, I'm concerned he will backtrack if he is ordered to pay guideline support rather than the lower deviation, and I'm not sure whose side the court will come down on if he does decide to argue it.

    Also, the guideline support was the much higher amount even if he used all of his time, and he's not coming close to that. With summer coming up, I know I'm going to struggle a bit because he won't take the kids half the time like he's supposed to.

    (He says ridiculous stuff like, "they aren't allowed to be alone at my house through the day"; he also sends them home if they ask for friends over, etc., because "their time with me is my time"; I've told him dozens of times that "no, their time with you is the time you are supposed to be a parent, not your time to be entertained by them" but he doesn't accept that.)
    You are getting a little too hung up on the fact that you agreed to things in court. Child support is always modifiable to guideline support or if there are changes in the financial picture. Child custody is modifiable but only if you can show that circumstances in the children's lives require the custody change in order for them to have a stable living situation. Based on what you have said, it would be virtually impossible for him to demonstrate that the children's needs require them to be in his primary custody.

  9. #9
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    May 2019
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    Default Re: Administrative Review of Court-Approved Deviation in Ohio

    Quote Quoting llworking
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    You are getting a little too hung up on the fact that you agreed to things in court. Child support is always modifiable to guideline support or if there are changes in the financial picture. Child custody is modifiable but only if you can show that circumstances in the children's lives require the custody change in order for them to have a stable living situation. Based on what you have said, it would be virtually impossible for him to demonstrate that the children's needs require them to be in his primary custody.
    Thanks for the confidence boost. Another factor in my favor: the original court-approved agreement mandates that the children's school district is based on where my residence is, and he lives outside the kids' school district.

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