Modification of child support arrearage?

Question

My husband's daughter was conceived from a one night stand, but, he has always supported her financially and every way a father needs to be. He has had court ordered support in effect since she was just one year old. When it was established daycare costs and medical care premiums were very expensive for his daughter's mother; support was set high to cover all costs.Two years later (2003) she went to preschool and cut out daycare costs completely, dropped her medical care for state funded medicaid, and moved in with her mother so she wouldnt have to pay rent or utilities anymore. My husband moves from employer to employer as a chef from time to time to find the right fit, and it takes the system a few months to begin deducting support from his paychecks so some of his payments are now behind. He does not deny the need to take care of his child to his best ability, we always buy her new clothes, shoes and other needs. We have her with us half of the time. The problem is with this money

still owed to her for things she no longer pays for and hasnt for a long time. We struggle financially with a new baby and another son as well. He just recently went to court to modify what he pays from this point going forward, but what about all his arrearage that he has to give her based on things she never paid!!! Another note, when we get her, her clothes are shoes are too small half the time, so the extra money she was raking in certainly didnt buy her new clothes or shoes, especially given that she didnt pay rent or other bills for the past two and a half years!!! Anyone know how in the state of Ohio he can also have his arrearage credited or adjusted?? His attorney requested that they remove all together and the judge of course said no, but no matter who the father is, they always side with the mother!! Any ideas?

Answer 1

Generally speaking, child support arrearages are not erasable. The mother can forgive all or part of them. The thing you have to do is go to court immediately and file for a modification. Doing it two months down the road will still leave you with those sinking arrearages.

Answer 2

Well, first of all.... from a LEGAL standpoint he is only obligated to pay 20% of his take home (after taxes) and Medical Insurance for the child. It does NOT matter about child care, schooling, clothes and anything else the PRIMARY parent chooses to do outside of that UNLESS it is agreed appon by BOTH parents, but any of those extras can stop at any given time. Infact if your husbands income changes by 10% (-) he has the right to file a motion to reduce. As far as his arrearage, hes stuck.... been there and done that... he needs to get caught up asap and move forward. Hope this helps...

Answer 3

You can't dispute what she used the child support on, it doesn't work in court. When he switches jobs, he can send payment in himself during the waiting time for it to catch up. He can send an extra amount in asking for it to be credited to the arrearage, or he can ask the child's mother, to for go the arrearage in a mutual agreement. They child support system is a flawed one, and waivers on fairness of to the non custodial parent and the child's needs. Just try not to make the child feel like a burden and know that they are always loved and wanted.

Answer 4

I understand my soon to be husband is in jail right now because he got behind on his child support we went to court on it and the judge sided with the mother he was suppose to pay 300.00 a week for two kids he did the best he could when he went to the friend of the court to try to get it lowered they arrested him.she lives in a nice house drives a nice car and her kids have nothing.emagine that.something has to be done about this
let me know how this works out for you.

good luck

Answer 5

When he's in between jobs he should be sending the monthly payments to the court, then he won't get behind.
But if her expenses and your husbands income have both been lowered you can always ask for a modification of support.

Answer 6

I don't understand why there is a question. Go back to court and ask for her to document the child's expenses. child support is supposed to be fair to both parties and this doesn't sound fair.