I'm going to try and nutshell this as much as possible: My husband pays child support for his son that was born out of wedlock in Ohio. Ohio law states that unmarried fathers have no rights to their children until legal paternity has been established, and until he files some sort of custody suit in the corresponding county. After we had paternity established, but before we could file a motion with the court, the mother handed custodial rights to her parents without providing sufficient contact information to the court (without the courts knowledge that she really DID know how to contact us, CS after all has our info on file), therefore we were unaware of the change in custody until AFTER the %26quot;uncontested%26quot; hearing. Now we pay CS to BOTH parties (arrears to the mother as well as current support to the grandparents), but nobody will allow us to see the child. We have filed a Motion to Modify Custody, but in Franklin Co. Ohio, it takes 5-7 months to reach a court date, and continuances happen FAR too often. Soooo... With the mother off in San Diego in the Navy (refusing to provide us with contact information, as well as her parents refusing to cooperate), and the grandparents not allowing us to see the child based on the mother's requests, does anyone know what we can do to serve the mother with the court papers that we filed (one hearing has already been continued due to the lack of service on her)? Also, does anyone know if we can utilize escrow to withold the CS from the mother until she provides us with sufficient contact info in order to uphold her responsibilites to receive CS?
Before anyone asks, no we do not have an attorney at present, but the next hearing is scheduled in September. Since my husband and I are both FT students, we will have the funding to retain an attorney by June with our next student aid disbursement.
One last thing: Since we had our own child AFTER the original order was set, and we now have a substantially lower income since said order, can we request a review on the case to possibly lower the child support to less than the current $458 / month, or does it really have to wait the 36 months?
Any and all help would be much appreciated! Thanks ahead of time!Complicated question: Child support, contempt of court, escrow, and more?Yes, you can ask for a review of your case to get that child support lowered from where it stands. Its always based on income, so if you are not making as much as he was, then it shoud be lowered, and your income does NOT count, btw. I would not even mention it. They can not make you pay for the child support when it is not your child, so do not include it.
I would also sue for visitation rights, and also request that you only have to pay the child support to the people who have physical custody of you child. You shoud not have to pay two parties for one child.
Good luck. It is a messy business, but you need to get that lawyer and work out a payment plan so you do not get screwed. And if she gave her parental rights to her parents, you should avoid the child support altogether and sue for custody of his child. It would be cheaper, and you wont have to worry about visitation.
Plus, him as the father has more right to the child then the mother's parents. good luck.Complicated question: Child support, contempt of court, escrow, and more?Sorry, but you're only going to get good advice on this from an attorney. If you do not have one, GET ONE. Regardless of what anyone says here on Y!A, without one you're never going to see that kid. I guarantee it. So with that in mind, there is no point in wasting your time here.
Good luck!Complicated question: Child support, contempt of court, escrow, and more?What is going on is terrible. I do know that in my state the court does not care if you have another child, the child support stays the same. We are dealing with that issue.
I think that I would write to the grandparents and local DHR and explain that you can not pay the 458 a month. I would let them know that you would like to see the child and will be glad to help them but if they refuse, that you will let the court decide what is fair. Maybe they will step up if they think you are not going to pay any more. It is just an idea...
good luckComplicated question: Child support, contempt of court, escrow, and more?Im like you in that alot of this doesnt make sense ansd should be over turned by the courts once you do get this into court. An attorney will be a great asset here as he will know how to circumvent the legal system and get something done. Her mother has no right to have custody here so that should be the first thing overturned so the attorney will be well worth his cost here for you two. The double CS should be the next thing to go. Something is definitely wrong here almost like they have some friends in the court system there for this to be happening. Contact an attorney as soon as you are able and good luck. Also have you btried legal aid fro free help here since youre students with little or no income, its worth a shotComplicated question: Child support, contempt of court, escrow, and more?Because you have a child, you can ask for a motion to modify child support. You don't have to wait 36 mos. because he had a change of situation.
I can understand why there are two pymts. One is for the overdue cs and one is for the current. Because they go to two different people, there are two pymts. There is a penalty when you get behind.
I don't see how you can withhold cs, because your husband OWES it. In fact, part of the problem is that he got behind. I've never heard of the escrow idea, and I doubt it will work. Many, many people get cs and don't tell the NCP where they live, WITH the children in tow. It's doubtful that the court will allow cs to be withheld.
Have you considered filing an Emergency Custody Order? I think you'd be a shoo in to get it, because parent's rights trump gand-parents rights, and the mom is gone. Since it's based on her disappearance, it could probably be done without service to her.
Have you tried locating the mom through the military? I'm sure your husband has her social. I don't know about that.
