Hi, I just had a review for child support. I asked for administrative hearing. The amount was upheld. So, I am asking for a court hearing to try to show the child support order was in error for the following reasons:

My son's mother has a management cosmetology license and is capable of earning between $25,000 and $75,000. I believe she is underemployed so she can raise her support higher. She is physically and mentally capable of working full time 40 hour job in the career she went to school and became licensed for. She can do anything in a salon, nails, esthetics, or run a salon as a manager. Yet she is a maid in a hotel working 32 hours a week average making $8.18 an hour.

In 2009, she was discovered by myself and CSEA working under the table at a salon. She never responded to CSEA with how much she made, so they imputed her income at $22,320. That was 3 years ago for a first year cosmetolgist. She's had her license for 4 years now and has at least 2 years experience in a salon.

She doesn't have to work, but she works just enough to have a low income and claim child care expenses so my support goes higher. If this support amount goes into order I can't net enough after taxes and paying medical insurance for my son, my wife and myself, to pay my rent.. Net is $650, rent is $676. Then electric, phone, and cable/internet, & auto insurance, food, clothing,etc. I am applying for food assistance but may not qualify because my son does not live here. I am the non-custodial parent.

Other aspect to case, I am able to take care of my son while she works, although if I quit my first shift job and got to third shift somewhere else, I lose medical insurance for all three of us. But I can have child care eliminated all together. I know what would happen if the court granted it. Ex would wait for me to quit my job, lose my medical insurance for my wife and myself, then put my son back on medicaid. Just to be spiteful.

I owe my lawyer money from taking her to court for contempt charges finally finished in March. He will tell me what to do, but won't do it cause I owe him money. But, he said I need to combine these two cases so the judge can grant the visitation I need to watch my son daily and to recalculate the support order all at once. How do I do that? Do I need to file something to do it?

My wife can watch my son as well so I wouldn't have to quit my job, but I don't know if a judge would grant that.

HELP

What she could earn has no bearing in this, if she wants to be under employed that is her right, if she wants to be unemployed she can do that also. Sorry what she "may" or "could" earn in the future is not normally even considered. I was surprised you were even allowed to show it in past court hearings.

Our lawyer told us "you need to explore what she is capable of
making, what she last made, why did she leave her last job, voluntary or
involuntary?"

Plus she is remarried and it says in the Ohio Revised Code Chapter 3119 that factors to be considered in grating a deviation are:

The relative financial resources, other assets and resources, and needs of each parent;

The responsibility of each parent for the support of others;

Any other relevant factor.

Benefits that either parent receives from remarriage or sharing living expenses with another person;

Copied from Ohio Revised Code:
3119.23 Factors to be considered in granting a deviation

The Court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:

(A) Special and unusual needs of the children;

(B) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;

(C) Other court-ordered payments;

(D) Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order;

(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family;

(F) The financial resources and the earning ability of the child;

(G) Disparity in income between parties or households;

(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;

(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;

(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;

(K) The relative financial resources, other assets and resources, and needs of each parent;

(L) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;

(M) The physical and emotional condition and needs of the child;

(N) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;

(O) The responsibility of each parent for the support of others;

(P) Any other relevant factor.

I don't know why I bothered posting on here, I'm not going to sit and argue or debate over speculations. The judge will decide deviations on a case by case basis. Sorry for wasting your time everyone. I just needed to know if anyone had ever consolidated two cases and how I would go about doing it.
I know I have fought to see josh and she has done nothing but try to raise support and keep me away from my son. She committed child care fraud and lied to CSEA about her income. Where does the law come in and stop her? She told me she could get a dad anywhere she just wants a paycheck from me. Lovely woman, don't you think. I think she needs a psych
Eval if the truth be know she was diagnosed bipolar as a teenager and is still untreated, no meds. If I get support lowered I can totally see my tired getting slashed or worse.

Good luck to all the other good dads who do everything by the book and still have no rights.