[akamimi1975]

My husband has 2 kids from a previous marriage. They are now both twelve. The ex has taken away his visitation but is "buying" the kids and turning them against their dad, yet she still receives a large amount of child support (almost half his income). I have 4 children from a previous marriage, and he and I have one together (which is why the ex started all this in the first place). He is the main provider for all of us in the home. Is there anything that can be done about the amount of support he pays for kids he can't even see? His support is based on the OH CESA calculations sheet.

Edited/WG

[AK lawyer]

You might be able to re-figure the support obligation, based on the child you and he have in common:

"3119.022 Child support computation worksheet for sole residential parent or shared parenting order.
...
8. Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption)." Lawriter - ORC - Chapter 3119: CALCULATION OF CHILD SUPPORT OBLIGATION - HEALTH INSURANCE COVERAGE

[JudyKayTee]

Child support is totally unrelated to visitation. If he wants to see the children and she is keeping him from doing so he needs to go back into Court and either get an Order or enforce or change an old Order.

Your "ex" should be supporting your 4 children, just as your husband supports his.

The child you had together, unfortunately, in the eyes of the Court comes after the other 6 - your 4 and his 2. The Court will tell you that HE already had 2 children. Perhaps he couldn't afford a third? Not my words, the Court's. His children should not have to do without the necessities because he married a woman with 4 children and then went on to have another.

No, I see no room for change. It's by a formula. Was current support set before or after you and he had the child? If it was after, I don't see a change UNLESS the figures upon which support was based have changed substantially.

[akamimi1975]

Judy Kay TEE, his kids are FAR from suffering financially. And we aren't talking about doing without necessities here. He pays almost 800.00 for 2 kids in addition to paying for private health, dental, optical and life ins. Then covers 50% of all co pays and deductibles in addition to a truck payment she stuck him with and ALL their marital debt. I'm aware of the "formula" but I'm also aware of a friend of mines x that was able to get his reduced to next to nothing and they had 4 together. He did it out of spite. Kind of like my husbands x wife is doing now . But we can't figure out HOW. This isn't a person looking to slight anyone. But doesn't he have the right to make a life for himself too?

[akamimi1975]

AK Lawyer, thank you. And does the amount we pay for child care (for me to work and volunteer) count for anything?

[ScottGem]

First, how has "The ex has taken away his visitation"? If he has a court order for visitation, then she can't just take it away.

Second, support is based on statuory formulas based on income (Lawriter - ORC - Chapter 3119: CALCULATION OF CHILD SUPPORT OBLIGATION - HEALTH INSURANCE COVERAGE). What is paid in expenses for your children doesn't factor in. If you Google Ohio Child Support Calculators, you will find several sites where you can plug in your financial information and get a rough idea of what the law requires that he pay. If the calculators show he should be paying what he pays now, then I would leave well enough alone. If its too much then you go back to Family court and petition for a modification.

If he wants to spend time with his children, then he goes to court and gets or enforces a visitation order.

I don't know what your friend's circumstances were, I suspect you don't know the whole story either. But I do suspect your friend had an attorney representing them.

[JudyKayTee]

Judy Kay TEE, his kids are FAR from suffering financially. And we aren't talking about doing without necessities here. He pays almost 800.00 for 2 kids in addition to paying for private health, dental, optical and life ins. Then covers 50% of all co pays and deductibles in addition to a truck payment she stuck him with and ALL their marital debt. I'm aware of the "formula" but I'm also aware of a friend of mines x that was able to get his reduced to next to nothing and they had 4 together. He did it out of spite. Kinda like my husbands x wife is doing now . But we can't figure out HOW. This isn't a person looking to slight anyone. But doesnt he have the right to make a life for himself too?

Certainly everyone has a right to make a life if it's not at the expense of someone else, and that includes children. If the support being paid (and that includes health insurance and other "benefits") is NOT in accordance with State law and the formula the State uses by all means go back to Court and prove that the Court is in error. I have no idea what circumstances were involved in the divorce or why your husband took such a hard hit. Presumably you or he or the Attorneys know.

I would be interested in the friend who got his support reduced to "next to nothing" outside the State-mandated formula. Do you know the circumstances?

The Courts have taken the position that children are entitled to the best standard of living which can be provided by both parents. The Court does not slight the first family in favor of the second, or the other way around.

The HOW of reducing support is going back to Court and presenting changed circumstances. While there your husband can make an argument for his "ex" "poisoning" the children against him and denying him visitation and get that issue straightened out.

Perhaps an Attorney has answers that the rest of us here don't have - I work in the legal system. I don't think what your friend, X, accomplished is possible - but if it DID happen I would certainly like to know the procedure because if I'm wrong, I'm wrong.