We live in Ohio. My husband's ex-wife has made it impossible for him to spend time with his daughter even though there is a visitation order. He does not get to talk to her on the phone or see her. We have been to court, but without paying 10s of thousands of dollars to fight in court, there is no hope for change. He has considered relinquishing all parental rights, but if he does, does not want to be obligated to pay child support. As it stands, we are simply a piggy bank for mom. The ONLY time we hear from them is when a medical bill needs paid or there is a child support question! I understand that he has an obligation to pay child support, but he also has the RIGHT to see his child without having to fight in court! We are the ones that have to fork out the money each time! Can someone PLEASE help?? Thanks.
2006-11-15 13:59:35 · 7 answers · asked by distraughtinohio 2 in Politics & Government ➔ Law & Ethics
Here is my take on the situation- if your husband has visitation rights, and he shows up to pick up his daughter does the
Mom refuse to allow her to go with her Dad?...if this is the case, I would speak with the local police department and take the visitation order with him as well. He needs to let the officers know he is trying to follow what the court has determined to be in the best interest of his daughter however his ex-wife is not uphoding the courts orders. I would then request the officer to accompany my husband to the daughter's house and let the Mom know that he has the right to have his daughter according to what the judge decided- with the police officer on the property and knowing the background of the situation your husband should have no problem getting his daughter for the times that he has been granted. He can also let the Mom know that if she abides by the courts orders he will not have the police accompany him each time for pick up, but if he needs them there for each and every pick up to be civil he will do it for the daughter's benefit and to not a cause a nasty scene.
The other thing is to speak with children's services or your attorney and let them know the ex-wife is not following through on what the court has ordered for visitation rights with his daughter.
I myself would never want to see a parent relenquish parental rights- in my opinion that's not fair to the child...it's not their fault the Mom is being a pain in the a$$- so go after the Mom and make life tough for her not the daughter. :o)
good luck!
2006-11-15 14:17:25 · answer #1 · answered by sammy22005 5 · 1⤊ 0⤋
Yes he does have to continue to pay. In Ohio, they look at child support and visitation as two seperate items. If he stopped paying, she would have to take him to court for back support and continuing support because he's breaching the legal agreement. By the same token, if he wants to get his visitation rights, he must take her to court because she has breached the agreement. The Ohio courts do not link the two. One does not affect the other.
Let me give you THIS advise though. Tell him to set up a support arrangement through the courts, where he pays the COURTS, and they pay her. Don't give her a dime unless it goes through the courts so they have a record. ANYTHING he gives her that doesn't go through the courts can be considered a 'gift' and she could take him back to court for back support, when he's been paying it all along! If he is responsible for medical insurance, he needs to have the kids on a medical insurance plan. Usually, the courts require him to have insurance but over and above that...it's her responsibility. Don't give her a dime that the insurance doesn't cover.
2006-11-15 14:01:09 · answer #2 · answered by Lisa E 6 · 1⤊ 0⤋
I think its like this in most states---if you sign off your rights to a child, you no longer have to pay c/s, but you also won't have any rights what so ever with that child..that is something your husband should think long and hard about..he might regret it later..when that child gets older, she will learn what kind of person her mother really is..I would tell him to stick to what is going on..there should be away to get around paying 10s thousand of dollars to see his child..the best lawyer is sometimes yourself..you can represent yourself..what is more important, spending money to see your child or to never have anything to do with your child???I'm sorry for what is going on with you, but think before you react
2006-11-15 14:07:10 · answer #3 · answered by becca j 3 · 0⤊ 0⤋
Find a local Legal Aid. They can answer your questions without charging you and help you find a lawyer if needed without have to pay that severly.
Also, record dates, times, and conversations if possible when she refuses the court ordered visitation rights. That will help you in court!
But if he relinquishes his rights, he is still financially responsible.
2006-11-15 14:03:32 · answer #4 · answered by William D 2 · 1⤊ 0⤋
You can't get out of child support by relinquishing rights. Very few men would pay child support if they could get out of it that easily.
2006-11-15 14:01:25 · answer #5 · answered by Shane 5 · 1⤊ 0⤋
Unfortunately you cannot get out of child support, he must pay
2006-11-15 14:04:56 · answer #6 · answered by hogan522 2 · 0⤊ 0⤋
well i give u my sympathy but i dont no especially if u have visitation order idk
2006-11-15 14:01:58 · answer #7 · answered by alexmojo2 4 · 0⤊ 1⤋