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Home > Law > Family Law   »   very confused

 
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Old Aug 3, 2007, 12:47 PM
unfair laws
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very confused

Having been seperated for nearly three years,my concern is and always has been to be certain that my three children needs are met. Although having the child support payments reduced, I sometimes struggle to make the full payment each month.I havent heard or seen my children in over one year, but ill never give up hope that one day ill reunite with them once again, so i continue to do all i can for them. Is there consiquences ill face if the full payment isnt met each month?

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Old Aug 3, 2007, 12:53 PM   #2  
RubyPitbull
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Was there a court order for child support payments? If so, the worst case scenario can be jail time. If you feel the amount is excessive, you can petition the court for a review and adjustment of the schedule, if your income can't support it. Do you have a separation agreement in place? Do you have a visitation schedule in place? Why have you not been able to see your children?
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Old Aug 3, 2007, 01:02 PM   #3  
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Depends on the laws where you live. For the most part, if the dollar amount is specified on a court document, you are required to pay the amount in full; otherwise, it may be considered delinquent and a failure to comply. If you are lucky and have an understanding soon-to-be-ex, there is no need to worry, but get it in writing that he/she consents to your being either late with payments or is a little shy on full payment. This will be your CYA policy in case he/she flips out later and decides to sue you.

Otherwise, talk to an attorney in you area, he or she will be able to give you specific details and maybe provide you with an alternative.
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Old Aug 5, 2007, 05:04 PM   #4  
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Arrearages will build and you'll only end up having to pay more sooner or later. Also you could be subject to garnishment, not just of your wages (which is probably already occurring) but of your bank accounts, income tax returns, etc. Also you can be denied credit based on child support arrearages. Did you get a visitation order? If not, you should petition the court. Then you have something to hold your ex to. That'll level the playing field at least a little bit.
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Old Aug 5, 2007, 05:13 PM   #5  
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If you have been separated and child support has been order, has visitation been ordered? You are in control of seeing your children...so you should take the steps needed in order to really make sure you are meeting all their needs....because having a father around is a need.

Anywho...if you don't make the full payments a number of things can happen...in Ohio, they suspend your drivers license, and do that a few times, then you are held in contempt of court and order to appear, you are then usually given suspended jail time, but by the next time you actually serve time...the laws may be different state to state and some places may be more enforceful than others.

Also, in Ohio, after 3 years from the initial support order, you can go in have have the child support re-evaluated...and there is a chance it could be lowered...if she is making more money, or you are making less...from when it was first ordered.
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