child support question?

Question

My husband has a four year old son and he has been paying $400 a month for three years (since the time of the divorce). His income has went down substancially since then and we have never done anything about adjusting the support. We have his boy 2 days during the week and every single weekend. We have recently run into a very upsetting situation becuse the boys mom has started sending him to a preschool of her choice and says if we dont pay half then she will take us to court so we will get the ohio standard visitation which is only every other weekend. We want the best for the boy but really cant afford it.. and on top of that she is already getting a low income single parent discount and the school is only 150 a month for 3 whole days a week. Should we just give into her and pay or do we get the support adjusted so that she can see first hand that we are doing are very best to provide for his son. Please help do so that he can still be with his son and things be fair for everyone

Answer 1

For heaven's sake, take her to court. Re-adjust the support fee, as this will cost you nothing. You can waive the fees if there are any. Then she can see what it's like.

Answer 2

You need to talk to a professional at the court or a Family Law attorney who can look at your income and ability to pay a higher amount. You are bound by the current order of the court. If you want to have a choice of which preschool then you will have to meet the mother 50/50 as to payment. If you do nothing, he will go to that school and she can either take you back to court or let it go. If she takes it to court you answer her. The "standard" would apply only if you did not answer or were found to be able to affort it but refusing to do what is in the best interest of the child. Anytime income goes down substantially and it threatens the exisiting family (of the father in this case) going to court for an adjustment is reasonable. Every weekend and two days during the week is fine at this age but once he gets into, say 1st grade, he is going to need one home where he goes after school each day, does homework and has his "own" room.
The standart here is always what is in the best interest of the boy and that includes reasonable support and parents who do not fight or disagree in front of him. Also, stepmothers should not intervene or call the shots and always be cordial to the mother unless she is dangerous, etc.

Answer 3

I believe he should go ahead and go back to court and get the support adjusted to fit his income. I know what you're going through as my husband is paying $500 a month for his daughter and she is almost 20. Check into joint custody. My husbands ex left him when his daughter was 6 mos. old and I met him when she was 2. At the time he felt it would be hard on her going back and forth, but now we wish we had done it. He would have had more rights to make decisions about his daughters life. The laws don't seem to be there for good fathers who do what they're supposed to and then end up being taken advantage of. Do what's best for the child but that doesnt mean give in to everything. Find a good lawyer and protect yourselves. There are women out there who are leeches.

Answer 4

It is the very best thing to get along. $150 does not seem like that much and I would pay it. Cut out some other things that you enjoy if you have to. Where there is a will, there is a way. Stay on her good side and it will help the child in the long run. Always have good communication and a positive attitude. I am from Ohio and had 3 kids and got divorced. Their Dad and I got along and the kids always came first. That was 20 years ago and my kids always had a caring mom and dad. We now have 2 granddaughters and we still all get together.....we are all still a family even though we all have our own lives!!!

Answer 5

not sure where you are getting that info on standard visiting. My sons visitation is court ordered the father got what he ask for which was 1 day a week Wednesdays and every weekend Saturday Sunday. The judge ask me if i agreed i said sure that was that. If he went to court and told the judge for YEARS he has had him 2 days a week and weekend the judge Will consider that and try to not disrupt a schedule already in place. It is not in the kids best interest to have visit cut without his mom giving a GREAT reason to do so. He dose not have to pay ANYTHING NOT IN A ORDER. He can tell the judge the mom is threading to cut back visit if he dose not pay 4 school. This is just silly on the mom's part unless there is order 4 dad to pay 4 school she has no legal RIGHTS to make him. SO GO TO COURT GET A SET VISIT SCHEDULE so she can't blackmail him with visits.

Answer 6

she is a single parent and your married have your husbands and your income. you can try to go back to court and have it changed but with both of you working i doubt it will happen. $150 a month is really cheap. I would work as many jobs as i could to pay it and my child support.
when my daughter was in kindergarten due to working i had no choice but to put her in a daycare center that offered all day kindergarten with before and after care and paid $180 a week. I didn't have the ex to help nor did i get the single parent break. I would just pay it. if you can't afford it, then th eonly other option is to head back to court and see what happens. it is only $75 a month.

Answer 7

I suggest you talk to a lawyer and see what your husband would pay with adjustment made for his lower income. Also explain the actual cost of the preschool. You may be able to file for an adjustment and come out ahead in the long run.

Answer 8

First he should file for a modification of the support while will send them back to court he can also do visitation as well. She seem to be a gold digger because I am sure that she has a man in her life. If she has her man then he has to accept her as a package deal being that she has a child. You have to use the courts to fight the battle. Seems like she is using the child as a pone.

Answer 9

Ok. 1st slow down. Dont do anything without getting advice from Child services. Have your husband contact them and set up a court date. If you are already paying $400.00 a month and it is court ordered then stick to the $400.00 until the judge orders more or less. If it stipulates in the court papers to pay for child care also then ONLY pay what u are ordered by the courts to pay. Nothing LESS and nothing MORE. Question tho... If you are paying $400.00 a month and she wants you to pay for childcare as well, what is she paying for. How is she applying the $400.00 A 4year old clothes and food should not cost $400.00 a month. Thats have a mortgage/rent payment. Keep your eyes open and dont fall prey to her because you feel that its whats best for child. Hope this helps.

Jenae'
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Answer 10

First off did the divorce agreement say that your husband had to pay for schooling.? if not then let her take you back to court. Your husband is not breaking any agrements if he was not compelled by the court to pay for schooling. he is making his child support payments as agreed upon. I doubt the court would take away any of his visatation as long as though he is doing what he was requested to do at the time of the divorce.

Answer 11

Kinda late to ask these questions. You knew you were in for a package deal when you married him. I suggest you help him get a job to restore his income so that he can pay the child support. Or, you should get a job and help him pay for it. The child didn't ask for this mess. The child's expenses don't go down just because your husband's income did.