There are many that come here and are struggling to get their children's NCP to pay their support or rather pay the fair amount. We see a lot of anger and frustration about this on the board every day. I thought I would share my success with you all in hopes that it will give you courage to keep trying to make sure your child receives the support they deserve.

I haven't had our CS order reviewed since the divorce in 1998. I probably wouldn't have had it reviewed had he been holding up his end of the deal in an honest fashion. He would never give me the ordered reimbursement for medical bills. He would never give me his insurance information despite being ordered to provide it. He changes jobs so often I've never been able to drop my coverage of our children. (over the years that was at minimum $10K) He would never pay his half of our children's school fee's. But never hesitated to stalk and harass me for some pretty crazy things.

I tried to not rock the boat. For too many years. I knew his income tripled the year after we divorced, but in the interest of trying to make co-parenting with him easier, I did nothing.

He nickle and dimed me nearly every payday to "reimburse him" for things he bought our children. He even tries to get me to pay part of the price for THEIR family vacations. (I OWED him half of our daughters plane tickets and half of the hotel for them to go on vacation!!!???) Heck, I haven't been on vacation for 7 years!!!!!! He wouldn't even help pay for our oldest daughter's wedding.

All this for years. He always claimed (after that first good job) that he had to take a pay cut.....had to take a pay cut.....had to take a pay cut. He didn't have any money. That I should appreciate how generous he was with me.

Well....long story short....he was paying $450 per month.....now it will be $954. He now has to pay 70% of any medical expenses over $100 for the year. If he doesn't give me his medical insurance information, he has to pay it all. Guess you can't hide your income from people who will get it with or without your cooperation. Turns out, he makes $100k a year! That's more than 60K more than I. What a jerk! (What finally made me file was mostly about our daughter's wedding, that and the $300+ worth of bowling equipment he threatened to sue me for half of........kind of broke this camel's back and our daughter's heart.)

I didn't need an attorney. It took less than two months. And I am the biggest money grubbing B on the planet!:eek: :D I should have done this years ago.


I finally figured out that NOT filing for a review never made it easier to co-parent with this man......it only made his bank book heavier. By trying to keep the peace, I wasn't able to provide for my children as I wanted to or they deserved. By not filing for so long my children and I missed out on too many years of actually being able to enjoy our lives together.

I KNOW I probably just ticked off a bunch of NCP's with this thread but please try to understand........when you lie about your income.......when you do whatever it takes to avoid paying your child support or not paying what you should be paying.........you deny your child the things they need and deserve to have. SO MANY times I have had to tell my children that I was sorry, I couldn't afford it. SO MANY times I have had to borrow money just to put food on the table and clothes on their backs. It's not fair, not only to me but mostly to them. If you don't think they can notice a difference between each parent's home you're fooling yourself and they will resent you for it. Is it worth that price?

I do make decent money now but he wouldn't have been making the salary he now enjoys without me working my butt off with two jobs to put him through college without loans....only to find that when it was my turn, when I asked "his permission" to further my education, I couldn't get him to watch our children or pay tuition for me, so I could have my chance at success. I had to wait until after the kids were older so I could take out loans and go. Those of you that are angry about this post please consider how fair that was.


ANYWAY.....just thought I would let you guys know it is possible for the system to work. Don't give up.

I'm glad things worked out for you. Even tho I have been both a CP, and an NCP, and have been married to 2 NCP's who were screwed over by biased Judge's, I'm a very firm believer in the laws being followed and fairness to all parents ( it really is in the childrens' best interests for both parents to be treated fairly).
It really gladdens me to hear of a situation where the laws and fairness won. Congrats.:)

And now I am going to ask the un P.C. question...how did he take it? Have you heard from him yet? I know, I know...it's not about the petty feelings of smugness and satisfaction. Okay, after all you have dealt with, yes it is.

I'm only a greedy B right now. :D He still has till the 25th to file his appeal, in which, I have every confidence. :p NO ONE can come easily between he and his wallet. :eek:

Ha! that is great. I am glad for you. He deserves it.

I am the NCP and pay my support. I looked into having it come right from my check right away. I worked with the Child Support office on it and they were more then willing to help. I do have to pay $30 a year to them for a fee. But I look at it this way. I know I have to pay support for my children, and this way the money doesn't touch my hands, so it isn't like I am missing it anyways. It would be tougher to have it and have to hand it over.

What gets me is how he has always claimed to be sooooo poor and that's why he wouldn't help with school fee's and medical expenses. Our oldest daughter and he no longer speak because of the way he did her with the wedding. She was only asking for him to help pay for the food and buy her the cake. I had already booked and paid for the hall, the minister, the DJ, her dress, veil, and shoes, as well as her sister's dress and shoes. I just didn't have enough for all of the food or to buy the cake. What also hurt her was that right after telling her he couldn't afford to help, he went out and paid $2700 for a spray on bed liner for his 2 week old truck. (and then bragged to us how expensive it was?!?) His WIFE called my daughter and offered to help us.......it's sad his wife picked up his slack. I love her for doing it but she shouldn't have had to.

I realize that his wife's income doesn't count for anything between he and I, however, their combined household income is well over $200,000 (she worked for GM for 25+ years and took a $300K severance package last month) and my household income is $36,000. How can he possibly expect his children believe him when they or I ask for reasonable things and he says he is too poor. (example, this years school book fee for our 14 yo was $87 and he couldn't afford to pay half of it?)

I know some of these things may seem petty but dang. 87 divided by 2 is only 43.50!

I would just like to say congratulation on that battle. I need to file for a review on my child support case also because since we seperated, he have been making double what he use to make when we were together. I work but it is not enough for me to support our child like she needs to be supported because I have a house note to pay and the other bills. I too have to tell the children that we can't get something when the fathers is living it up and the children are suffering because the guys and their families are saying that they don't have the money to give their children. We used to work for the same company but I changed jobs and the non custodial parents do not realize how hard it is on the custodial parent when they don't make the payments on time and in a professional manner.

I am so happy to read this. My ex has not seen our boys in 8 years. Never calls on birthdays or holidays and never, NEVER asks if they need anything. My oldest son just lost his 2 front teeth in an accident and has undergone many surgeries including dental implants. Very expensive but it will be worth it in the long run for my son and the health of his mouth. I took my ex back to DRS because he is supposed to pay for 75% of unreimbursed med /dental expenses. They sided with him and said that the charges are too high and that they are cosmetic so he doesnt have to pay!! I am appealing it to the masters hearing but I am so sad that they can't help me help my kids. He lives in a very nice home and has a very good job which he has been at for 28 years. It's sad that they care more about their money than their kids and the health and well being of the kids. Never seen a Mom yet that got rich from child support. Have you?
But I am glad for your victory. Good luck to you.

I am so happy to read this. My ex has not seen our boys in 8 years. Never calls on birthdays or holidays and never, NEVER asks if they need anything. My oldest son just lost his 2 front teeth in an accident and has undergone many surgeries including dental implants. Very expensive but it will be worth it in the long run for my son and the health of his mouth. I took my ex back to DRS because he is supposed to pay for 75% of unreimbursed med /dental expenses. They sided with him and said that the charges are too high and that they are cosmetic so he doesnt have to pay!! I am appealing it to the masters hearing but I am so sad that they can't help me help my kids. He lives in a very nice home and has a very good job which he has been at for 28 years. It's sad that they care more about their money than their kids and the health and well being of the kids. Never seen a Mom yet that got rich from child support. Have you?
But I am glad for your victory. Good luck to you.

Sadly, yes, I have seen at least 2 mothers who "got rich" (or lived very well) from collecting CS. Of course, both were lousy mothers who didn't take care of all of thier kids' needs. Makes me sick that there are actually CPs out there that don't really care about thier kids.

You are very correct tho- the majority of CP's who care about thier kids and actually spend the CS for the kids never "get rich" from the CS.

i pray that there is a answer for my new problem in life.i will brief you on the story and ask you the question last. (by the way thanks to all who respond) i lived with the mother of my childern (2) for 8 years. we split yet living in the same town. i still provided the same. she recieves assitance from the state (help with rent ,food, and medical) (medicaid) i still supply all other needs. (clothes, personal events (birthday and anyother hoilday for that matter) also sports stuff (not to mention taking and picking up) then hurricane katrina hits the kids in my present holding. we headed for florida with out knowing where the mother is or going ( but my cell number never changed and always worked??) 6 days after the storm she decides to call and found out her relief wasn't any thing without the childern. all a sudden i am the bad guy and she wants them. treating with the police. since we were never married custody is automatically hers??? i live in florida and she is in south carolina. 2 days a go i recieve child support papers?? in the last year ans whatever i have had them full summer both christmas's also supplied all finaces for birthday and holiday. not to mention mailing easter baskets and halloween buckets. i think of even the small stuff. please help me with some kind of direction on geting my chilern or fighting the child support rights.

i pray that there is a answer for my new problem in life.i will brief you on the story and ask you the question last. (by the way thanks to all who respond) i lived with the mother of my childern (2) for 8 years. we split yet living in the same town. i still provided the same. she recieves assitance from the state (help with rent ,food, and medical) (medicaid) i still supply all other needs. (clothes, personal events (birthday and anyother hoilday for that matter) also sports stuff (not to mention taking and picking up) then hurricane katrina hits the kids in my present holding. we headed for florida with out knowing where the mother is or going ( but my cell number never changed and always worked??) 6 days after the storm she decides to call and found out her relief wasn't any thing without the childern. all a sudden i am the bad guy and she wants them. treating with the police. since we were never married custody is automatically hers??? i live in florida and she is in south carolina. 2 days a go i recieve child support papers?? in the last year ans whatever i have had them full summer both christmas's also supplied all finaces for birthday and holiday. not to mention mailing easter baskets and halloween buckets. i think of even the small stuff. please help me with some kind of direction on geting my chilern or fighting the child support rights.

You'll get more responses by starting your own thread.

Have you established paternity? (did you sign an acknowledgement of paternity, are there any court orders at all, are you listed as the father on the BC?)

Did you recieve the CS papers from a lawyer or from the state CSE agency?
What kind of paers are they?

Is there any kind of existing court orders for custody, visitation or CS?

i recieved the papers from a shieriff. (the cops) and yes i signed the bc i claim them 100%. the papers are a summons for me to fight the case of child support i have 20 days in which to reply. this custody crap started after we were displaced from hurricane katrina. i take very wel care of them i keep them full summers and christmas'. i send things constantly. even on the little holidays easter ( baskets) and halloween(buckets) i refuse to send cash money due to her irresponsiblity. i feel more comfortable sending exactly what thay need. please guide me in this as to what should be said in my written response to the court. i didn't know if we weren't married that i got automattically voted out as the custodial parent. not fair if you ask me. i have raised my childern everyday up until hurricane katrina, now i still do all with in my powers. please help (( not a dead beat dad))

i recieved the papers from a shieriff. (the cops) and yes i signed the bc i claim them 100%. the papers are a summons for me to fight the case of child support i have 20 days in which to reply. this custody crap started after we were displaced from hurricane katrina. i take very wel care of them i keep them full summers and christmas'. i send things constantly. even on the little holidays easter ( baskets) and halloween(buckets) i refuse to send cash money due to her irresponsiblity. i feel more comfortable sending exactly what thay need. please guide me in this as to what should be said in my written response to the court. i didn't know if we weren't married that i got automattically voted out as the custodial parent. not fair if you ask me. i have raised my childern everyday up until hurricane katrina, now i still do all with in my powers. please help (( not a dead beat dad))

I'll gladly answer your questions, but please start your own thread. it is VERY confusing to everyone when a poster hijacks someone else's thread.

Go to the Child support custody forum and click on the button at the top that says "new thread", then post your questions.

you know that is really great to hear that you got your child support and i am sure the kids will really enjoy it as well.

i do have my own success story
my daughter will be 8 in march. i guess you could say her dad is a silent partner. he has nothing to do with her. but oh well his loss. less of a headache for me i guess. anyways he owns his own buisness. which makes him a self paying NCP well about 7 years ago we continued to go back and fourth to court for non payment. just 4 months ago the judge and child support finally took my advice. if he does not make his payment in full by the 15th of the month they issue a warrant for his arrest. i typically give him until the 20th for mailing and holidays i mean life happens to everyone. i am and can be a big B. but still try to be flexible. well that is now the new order and he has been picked up once and imagine this he has paid on time every month so far. kids deserve to have their money even if their sperm donors don't want to deal with them.
i hope the dads out there trying to see their kids don't get offended.

you know that is really great to hear that you got your child support and i am sure the kids will really enjoy it as well.

i do have my own success story
my daughter will be 8 in march. i guess you could say her dad is a silent partner. he has nothing to do with her. but oh well his loss. less of a headache for me i guess. anyways he owns his own buisness. which makes him a self paying NCP well about 7 years ago we continued to go back and fourth to court for non payment. just 4 months ago the judge and child support finally took my advice. if he does not make his payment in full by the 15th of the month they issue a warrant for his arrest. i typically give him until the 20th for mailing and holidays i mean life happens to everyone. i am and can be a big B. but still try to be flexible. well that is now the new order and he has been picked up once and imagine this he has paid on time every month so far. kids deserve to have their money even if their sperm donors don't want to deal with them.
i hope the dads out there trying to see their kids don't get offended.

Why didn't you tell the court about your child's CS order? I'm referring to your post in your other thread where you said that when the court asked, you said it was none of the court's business.

Here is the latest. He is appealing and has hired an attorney to fight the child support increase. Funny how someone who couldn't / wouldn't help pay for our daughters wedding or his half of our other daughter's school fee's can afford an attorney to avoid paying child support.

What can an attorney really do? She can't change the amounts on our 1040's.

Worst case.....what can I expect (cause I can't afford an attorney)?

Here is the latest. He is appealing and has hired an attorney to fight the child support increase. Funny how someone who couldn't / wouldn't help pay for our daughters wedding or his half of our other daughter's school fee's can afford an attorney to avoid paying child support.

What can an attorney really do? She can't change the amounts on our 1040's.

Worst case.....what can I expect (cause I can't afford an attorney)?

What is the basis of his appeal?

An appeal can only be heard if there was a "mistake of law" made in the court's decision. In other words, a person isn't going to get anywhere with appealing just because they don't like the outcome of the hearing.

I forget, is the CSE agency involved in your case? If so, they will provide an attorney to fight the appeal. If they aren't involved, now is the time to get them involved, unfortunately, trying to handle an appeal pro-se is extremely hard even when you are in the right.

If the amount was based on the state guidelines and proven incomes, it seems like it'll be hard for him to come up with a reasonable basis for an appeal. I'm really interested in this, so please post when you find out what his claims are.

Because it was an CSEA Administrative Review (we send in copies of the last six months of check stubs and the last three years tax forms), he has the right to appeal without giving a reason.

In our state there is a standard form for calculating child support using both parents income, totaling the income, giving credit for each persons cost to provide insurance for the child, getting the standard amount of child support from a chart based on the total amount of income, prorating each parents amount of support (his income was 69% of the total income amount, leaving mine 31% and based on the percentage of the total income each had, he pays 69% of the total "schedule" amount, and I pay 31%).

I won't know what they are going to complain about until we get to court.

The calculations were based on 50/50 custody. The gave me credit for my son only (as far as other children in the home) as I have not completed Lit'l Bit's adoption. They also took into consideration the amount of CS I am supposed to be getting from my son's father because I do (at least half the time) get child support for my son (the order is with the same county so they already have the correct amount received for that order). I work 24 hours a week, getting paid for 32 hours (weekend work) but they computed my income as my hourly x 40 hours per week.

Unless he thinks they rated my income based on what he knows I work and not on the 40 hours they calculated on my hourly wage for the new order, I can't figure out what he's going to say.

I found this for deviating the standard calculations:

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; There are none.


(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; He has none, but if necessary, I could provide the documentation for Lit'l Bit and her various medical and psychological issues (which by the way, cause me to work the hours I work)


(C) Other court-ordered payments; He has none that I know of but I do because he defaulted on a credit card that he was to pay per the divorce.


(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; We have our daughter as 50/50 as is possible. We live in the same city 5 minutes apart so there are no extraordinary costs involved.


(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family; I would hope he could make it on 100K a year. It's only he and his wife that live there other than when our daughter is there.

(F) The financial resources and the earning ability of the child; She's 14 and doesn't work.


(G) Disparity in income between parties or households; My income is the only income + child support that supports this household. Whereas his household got a 300K bonus last month when his wife got her severance package. Prior to taking it, she made 100K+ (per her daughter) per year so that 300K should at least cover the next three years. She's going to radiology school now and her expected income should at least be half of what she was making before. Still, their household assets are far and above mine.


(H) Benefits that either parent receives from remarriage or sharing living expenses with another person; Again, his household income / asset level is much higher than mine.


(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents; There should only be a difference of about 300 dollars per year based on what they paid for the house last year.


(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing; He spent 300 dollars on bowling equipment and expected me to pay him half, but he has never paid any part of our children's school fee's since the divorce in 1998.


(K) The relative financial resources, other assets and resources, and needs of each parent; Is it my fault he loves to live beyond his means?


(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; She said that if he ever tried to make her choose (like he did our oldest with the lure of a car), she would choose to stay here.


(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; Like I said before, he has never paid his part of their educational expenses.



(O) The responsibility of each parent for the support of others; He supports his wife (for now), I support my son and Lit'l Bit.




(P) Any other relevant factor. ?


The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in this section that are applicable to their situation.

If the court grants a deviation based on division (P) of this section, it shall specifically state in the order the facts that are the basis for the deviation.



So what do ya think? Grill me......I want to be ready. (One thing I plan on saying is that it must be nice to be able to afford an attorney for this. I sure can't.)

Because it was an CSEA Administrative Review (we send in copies of the last six months of check stubs and the last three years tax forms), he has the right to appeal without giving a reason.

In our state there is a standard form for calculating child support using both parents income, totaling the income, giving credit for each persons cost to provide insurance for the child, getting the standard amount of child support from a chart based on the total amount of income, prorating each parents amount of support (his income was 69% of the total income amount, leaving mine 31% and based on the percentage of the total income each had, he pays 69% of the total "schedule" amount, and I pay 31%).

I won't know what they are going to complain about until we get to court.

The calculations were based on 50/50 custody. The gave me credit for my son only (as far as other children in the home) as I have not completed Lit'l Bit's adoption. They also took into consideration the amount of CS I am supposed to be getting from my son's father because I do (at least half the time) get child support for my son (the order is with the same county so they already have the correct amount received for that order). I work 24 hours a week, getting paid for 32 hours (weekend work) but they computed my income as my hourly x 40 hours per week.

Unless he thinks they rated my income based on what he knows I work and not on the 40 hours they calculated on my hourly wage for the new order, I can't figure out what he's going to say.

I found this for deviating the standard calculations:

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; There are none.


(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; He has none, but if necessary, I could provide the documentation for Lit'l Bit and her various medical and psychological issues (which by the way, cause me to work the hours I work)


(C) Other court-ordered payments; He has none that I know of but I do because he defaulted on a credit card that he was to pay per the divorce.


(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; We have our daughter as 50/50 as is possible. We live in the same city 5 minutes apart so there are no extraordinary costs involved.


(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family; I would hope he could make it on 100K a year. It's only he and his wife that live there other than when our daughter is there.

(F) The financial resources and the earning ability of the child; She's 14 and doesn't work.


(G) Disparity in income between parties or households; My income is the only income + child support that supports this household. Whereas his household got a 300K bonus last month when his wife got her severance package. Prior to taking it, she made 100K+ (per her daughter) per year so that 300K should at least cover the next three years. She's going to radiology school now and her expected income should at least be half of what she was making before. Still, their household assets are far and above mine.


(H) Benefits that either parent receives from remarriage or sharing living expenses with another person; Again, his household income / asset level is much higher than mine.


(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents; There should only be a difference of about 300 dollars per year based on what they paid for the house last year.


(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing; He spent 300 dollars on bowling equipment and expected me to pay him half, but he has never paid any part of our children's school fee's since the divorce in 1998.


(K) The relative financial resources, other assets and resources, and needs of each parent; Is it my fault he loves to live beyond his means?


(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; She said that if he ever tried to make her choose (like he did our oldest with the lure of a car), she would choose to stay here.


(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; Like I said before, he has never paid his part of their educational expenses.



(O) The responsibility of each parent for the support of others; He supports his wife (for now), I support my son and Lit'l Bit.




(P) Any other relevant factor. ?


The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in this section that are applicable to their situation.

If the court grants a deviation based on division (P) of this section, it shall specifically state in the order the facts that are the basis for the deviation.



So what do ya think? Grill me......I want to be ready. (One thing I plan on saying is that it must be nice to be able to afford an attorney for this. I sure can't.)

They imputed income to you? If I'm understanding you correctly, you get paid for 32 hrs and they imputed 40 hrs, correct?

LOL, from what you've posted, it sounds like you are the one who has the right to complain, not your ex.

Was income imputed to him, or did they use his exact proven income?

Is he complaining because you recieved credit for your son? If he is, you can point out that you also had the CS you recieve for him added back in.

All in all, it sounds like everything was done fair, if anything was unfair it was actually against you and not him.

I didn't realize that it is an administrative order, the appeals rules are different for those than regular court orders. But, it sure appears that he'll lose his appeal- at least I hope he does. Please keep us updated on how things are going.

EDIT to add: Bringing up the fact that he can afford an attorney and you can't is definately a good idea.

They imputed income to you? If I'm understanding you correctly, you get paid for 32 hrs and they imputed 40 hrs, correct?

LOL, from what you've posted, it sounds like you are the one who has the right to complain, not your ex.

Was income imputed to him, or did they use his exact proven income?

Is he complaining because you recieved credit for your son? If he is, you can point out that you also had the CS you recieve for him added back in.

All in all, it sounds like everything was done fair, if anything was unfair it was actually against you and not him.

I didn't realize that it is an administrative order, the appeals rules are different for those than regular court orders. But, it sure appears that he'll lose his appeal- at least I hope he does. Please keep us updated on how things are going.

EDIT to add: Bringing up the fact that he can afford an attorney and you can't is definately a good idea.

Yes, they did impute my income as higher than it actually is. As they explained it, since my profession (RN) has opportunity to work 40 hours per week in our area, they have to impute it as a standard work week. I'm not sure how they came up with his income because they have a suspiciously rounded off number. He didn't respond to their first request for his information. I know he made 65K in 1997 but that was the last time I would know for sure what his income was. I do know he is still employed in the same field. I would think his income would have gone up in the last 10 years. I know his lifestyle has.

As far as my CS for my son, I put on the questionnaire form the amount I am supposed to get per year with the disclaimer of "when he is working" and when I spoke to the investigator, I gave her the case number so she could look up the actual received amount.

He might be complaining about them crediting me with the amount I pay for our insurance. For the family plan it's $4900+ per year but they only credited me with $2000 for what they figure is the amount that would go towards covering her in addition to myself and my son. I sent her a copy of the breakdown of my insurance plan costs...Me.......Me + children (doesn't matter if it is one child or ten) Since the decree ordered him to pay for insurance he might be mad that they credited me too (meaning they did give him a credit as well). However what good is insurance when he refuses to let me have the information so I can actually use it? Our physician's office requires you pay the entire bill up front if you don't have a copy of the insurance card. That really isn't feasible on our monthly budget.

Okay, this is the latest.

The hearing is still set for Feb 21st at the CSEA (child support enforcement agency) in response to the increase they calculated. His attorney has subpoenaed my benefits and payroll information from my employer on Feb 7th. She then filed a motion in Domestic Relations Court for a reduction in child support and that hearing is scheduled for March 5th. (I have not received notice of that hearing. I only know about the hearing in March because there is a Clerk of Courts website that I can go on to see what they are up to.)

My feeling is that she is setting up this hearing in Domestic Relations Court because she knows that according to Ohio Revised Code ss 3119.03, as long as there is no mistake of fact, there is a "rebuttal presumption" that the amount determined by the CSEA is correct and they would not be able to fight the increase. So his attorney is trying to change venue to Domestic Relations Court to get a "second opinion". I think they will allow the Administrative Review to stand on the 21st, they are hoping for a different outcome when the hearing happens in the Domestic Relations Court on March 5th. (and isn't that an "end run" around the appeals rules?)

Question; Can I file a motion to dismiss for the hearing on March 5th in Domestic Relations Court if the decision made with the Administrative Review stands on the 21st? (based on both the minimum 10% +/- income change (because all information available to the court for the Administrative Review is current) and the 3 years must lapse between review rules will not be met because the order would have just been set on Feb 21st)

It just doesn't seem right that you can pick up your marbles and go play somewhere else when it comes to supporting your child.

Okay, this is the latest.

The hearing is still set for Feb 21st at the CSEA (child support enforcement agency) in response to the increase they calculated. His attorney has subpoenaed my benefits and payroll information from my employer on Feb 7th. She then filed a motion in Domestic Relations Court for a reduction in child support and that hearing is scheduled for March 5th. (I have not received notice of that hearing. I only know about the hearing in March because there is a Clerk of Courts website that I can go on to see what they are up to.)

My feeling is that she is setting up this hearing in Domestic Relations Court because she knows that according to Ohio Revised Code ss 3119.03, as long as there is no mistake of fact, there is a "rebuttal presumption" that the amount determined by the CSEA is correct and they would not be able to fight the increase. So his attorney is trying to change venue to Domestic Relations Court to get a "second opinion". I think they will allow the Administrative Review to stand on the 21st, they are hoping for a different outcome when the hearing happens in the Domestic Relations Court on March 5th. (and isn't that an "end run" around the appeals rules?)

Question; Can I file a motion to dismiss for the hearing on March 5th in Domestic Relations Court if the decision made with the Administrative Review stands on the 21st? (based on both the minimum 10% +/- income change (because all information available to the court for the Administrative Review is current) and the 3 years must lapse between review rules will not be met because the order would have just been set on Feb 21st)

It just doesn't seem right that you can pick up your marbles and go play somewhere else when it comes to supporting your child.

A motion to dismiss is probably a good idea. But as you said, wait until after the hearing on the 21st and be sure to attach the ruling upholding that order to your motion. If nothing else, you can base the motion on res judicata.

Today I'm thinking a motion to dismiss with an motion to increase with retro pay (feeling a bit squirly the day before the CSEA hearing....no sleep...too much Mountain Dew):) :D

What do ya think about this so far:

1. Butthead has refused to disclose his insurance information since the original divorce decree which stated he was responsible for covering the child(ren) in violation of ORC . § 3119.32 (formerly ORC § 3113.217) This has resulted in my having to limit my employment opportunities to employers who offer immediate coverage and have at times taken lower paying jobs to obtain the necessary coverage.
• Shared Parenting Plan dated March 20, XXXX; Page 4, Item IV
• “MEDICAL RELATED TREATMENT AND MEDICAL INSURANCE
Defendant (Obligor) has health insurance coverage available to him through a group policy. Defendant shall maintain health insurance for the minor children so long as he is employed by the Oracle Corporation. An order (DR705) for the defendant to provide health insurance coverage for the minor children shall issue. Defendant shall provide the plaintiff with all necessary insurance cards, forms and literature concerning said coverage. ………………………………………………………….
The parties must comply with any obligations concerning health insurance coverage imposed under ORC §3113.217 no later than thirty (30) days after the applicable order is issued.
The party who is responsible for providing health insurance coverage and fails to do so may be punished for contempt of cour and shall solely be responsible for the payment of all medical expenses incurred on the child/ren’s behalf as a result of the failure to provide insurance. If said responsible party is found in contempt for failing to provide health insurance coverage and he/she has previously been found in contempt under ORC §2705, the court shall consider the obligor’s failure to comply with the order as a change of circumstances for the purpose of modification of the amount of support due under the child support order that is the basis of the order issued uner ORC § 3113.217.


2. Butthead has failed to disclose any changes (increases) in income since XXXX. Since XXXX, Butthead's income has gone from $65,000 to $101,000 without notification of the court. He has repeatedly denied that his employment income had changed since the divorce. In fact, when asked, he would repeatedly claim that “My contract was up and I had to take a pay cut.”
• Shared Parenting Plan dated March 20, XXXX; Page 3, section G
• “IT IS FURTHER ORDERED Obligor and oblige immediately notify the CSEA in writing of any change in the obligor’s income source and of the availability of any other sources of income that can be subject of a withholding or deduction order. This duty to notify the CSEA shall continue until further notice from the Court. Failure to provide such notification may make the obligor liable for retroactive support that would otherwise have been ordered.”

I double dog dare you to refer to him as "butthead" in the statement to the court.:D


It seems like you really have nothing to worry about and he has every reason to fear that he will be paying child support until Doom's day. Your statement seems fine to me. You have cited the statutes that support your statement. Now, big breath and switch to root beer. (no caffeine).:D

I think you did a great job, and you should win. I have to agree with mommyof4 tho- I triple dog dare you to call him "butthead" in court. ( just kidding, but I think you know that already). I did get a laugh out of you using that term on here where it can't do any harm, and I can guess that typing it reduced your stress level just a bit.:)

Hang in there and please post and let us know the results.

Just be sure that if you are going to refer to him by his new name, you let us know tonight so that Xena and I can get flights so that we can come sit in the courtroom (or office, whatever...)!!!:D

Just be sure that if you are going to refer to him by his new name, you let us know tonight so that Xena and I can get flights so that we can come sit in the courtroom (or office, whatever...)!!!:D

Got my suitcase packed and ready.:D

This reminds me of how my hubby and I wish he could refer to his ex by our "pet" name for her- "little miss b***h". It's been tempting at times, but we only use that pet name among family and friends.:p

Ours is ***hole. :p

AAAAHHHHH, much NEEDED comic relief. I've been venting my frustration (ie preparing various contempt motions and subpoena's all day. I even made a motion that he would disappear and in his absence, I should receive his SS money. (Just for ships and giggles I promise).

The irony of it is that I have been using all the subpoena's and motions from his attorney that have been flooding my house as the format for all of mine. Thank's Butthead, for having the foresight to hire an attorney so I can sponge my legal wording from her. My plan is to space them out by at least a week (after I file the most important ones right away) so that he is tied up in attorneys fee's from here to kingdom come.

Want to be a Jerk and fight paying what the courts says is just? An order that was made strictly by the guidelines and without any attempt to pursue the maximum on my part. Fine. I only work the weekends. That leaves me five days and nights every week to do nothing but figure out how exactly to nail you to the wall and what size nails work best. Happy bankruptcy.

(did I say I am also premenstrual this week?)

we just use the nice round term- loser! lol

My son's "father" from Ohio is referred to as deadbeat loser.

Loser put in for a modification May 2006. I sent back my paperwork June 2006. They still have not done anything about it. I am so glad that yours was done in a timely manner. Good Luck in court!!

Did I say his name was Butthead? Naw, more like *&#(UP@_)(*^(#)!U)R!!!!! Went for the administrative review hearing (on the appeal that he filed) yesterday where I was informed by the clerk that since the motion filed by his attorney was filed in Domestic Relations court that DR court now had jurisdiction and that the hearing (for yesterday) at the CSEA, was cancelled.

I asked the clerk at the CSEA why I wasn't notified of the cancellation and she said that he and his attorney had listed my phone number as "unknown".

Now one, the CSEA had my phone number because it was on the paperwork that I filled out in October when I asked for the review.
Two, he knows my phone number backwards and forwards because it was the same number as when we were married.
Three, his attorney knew my number because it is the same number as when we were divorcing and she represented him.
Four, I was served with a subpoena Saturday requesting my income information be delivered no later than Tuesday.(nice to be served on Saturday and having Sunday and a holiday to get the stuff together.) Tuesday I went and handed over my paperwork to his attorney personally. Placed it in her hands and she made no mention of the hearing on Wednesday being cancelled.
NICE.

FINE. The CSEA order stands for now. I spent that time filing these three motions:

S-15 Per ORC § 3119.22 and § 3119.23 sections B, G, H, K, L, and O, the Plaintiff is requesting a modification / deviation for increase of the support order issued by the CSEA, per Administrative Review dated xx/xx/2007

•(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; ....I put everything in there about Little Bit
•(G) Disparity in income between parties or households; ....I made note of the recent very profitable sale of their last home and his income being 68% to my 32% of the ordered support.
•(H) Benefits that either parent receives from remarriage or sharing living expenses with another person; ....I put information I found on the standard severance package his wife got from her employer.
•(K) The relative financial resources, other assets and resources, and needs of each parent; ....I put down my assets vs his assets and the fact he had enough "free" money to hire an attorney.
•(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; ....I cited the CSEA order dated January this year.
•(O) The responsibility of each parent for the support of others;....I listed the four people her + our daughter and listed it was just he and his wife + our daughter there.


(actually this motion alone ended up being three page long.)

C-31 The Defendant has refused to disclose his insurance information since the original divorce decree which stated he was responsible for covering the child(ren) in violation of ORC . § 3119.32 (formerly ORC § 3113.217) This has resulted in the Plaintiff having to limit her employment opportunities to employers who offer immediate coverage and have at times taken lower paying jobs to obtain the necessary coverage. It has also caused financial hardship upon the Plaintiff and members of her household.
•Shared Parenting Plan dated xx/xx/1998; Page 4, Item IV
•“MEDICAL RELATED TREATMENT AND MEDICAL INSURANCE
Defendant (Obligor) has health insurance coverage available to him through a group policy. Defendant shall maintain health insurance for the minor children so long as he is employed by the Oracle Corporation. An order (DR705) for the defendant to provide health insurance coverage for the minor children shall issue. Defendant shall provide the plaintiff with all necessary insurance cards, forms and literature concerning said coverage. ………………………………………………………….
The parties must comply with any obligations concerning health insurance coverage imposed under ORC §3113.217 (now § 3319.32) no later than thirty (30) days after the applicable order is issued.

The party who is responsible for providing health insurance coverage and fails to do so may be punished for contempt of court and shall solely be responsible for the payment of all medical expenses incurred on the child/ren’s behalf as a result of the failure to provide insurance. If said responsible party is found in contempt for failing to provide health insurance coverage and he/she has previously been found in contempt under ORC §2705, the court shall consider the obligor’s failure to comply with the order as a change of circumstances for the purpose of modification of the amount of support due under the child support order that is the basis of the order issued under ORC § 3113.217.


The Plaintiff asks the Court’s consideration that the remedy described in the above, Re: XXXXX County Domestic Relations Court case number DRxx-xx-xxxx, be commenced. The Plaintiff also requests that reimbursement be made for all monies put forth for said coverage OR that the cost of insurance be considered when calculating any retroactive support (Please see following motion), and that all future CSEA orders for support include an allowance for medical insurance coverage provided by the Plaintiff.

And finally..............

C-32 The Defendant failed to disclose increases in income since September 21st, 2000. Since 2000, Butthead's income has gone from $75,000 to $101,000 without notification of the court. He has repeatedly denied that his employment income had changed since that time. In fact, when asked, he would repeatedly claim that “My contract was up and I had to take a pay cut.”
•Shared Parenting Plan dated xx/xx/1998; Page 3, section G
•“IT IS FURTHER ORDERED Obligor and obligee immediately notify the CSEA in writing of any change in the obligor’s income source and of the availability of any other sources of income that can be subject of a withholding or deduction order. This duty to notify the CSEA shall continue until further notice from the Court. Failure to provide such notification may make the obligor liable for retroactive support that would otherwise have been ordered.”

The Plaintiff asks the Court’s consideration that the remedy described in the above, Re: xxxxx County Domestic Relations Court case number DRxx-xx-xxxx, be commenced, and the Defendant’s income tax records for the years in question be subpoenaed, to allow for assessment and payment of any retroactive support and subsequent elimination of any existing “overage” per CSEA case number xxxxxxxxxx.



So, do ya think he'll remember my phone number now?!!!! I also made sure they didn't schedule this on March 5th to be heard with his motion, it's set for April 5th. Oops... I'm sorry.... does that mean more attorneys fee's Mr. Butthead?

I also subpoenaed his income records, pension, retirement and savings records, insurance information, tax records since 2000, his property transaction records, his banking statements for the last year, etc..etc..etc... and I gave him just as much time to produce the documents as he and his attorney gave me. Too bad there's no holiday next week!!!!

I'm so sorry to hear that things didn't go well. It is so maddening when the CSE agencies don't do what they are supposed to do, as you said, they had your number so why didn't they notify you?

Your ex is playing games, and he may have won this small battle, but hang in there because he probably won't win the big battle and the war so to speak.
Who knows, having it in the court might turn out to be a very good thing- hopefully you'll get a Jusge who won't put up with ex's BS. Please keep us updated and you are still in my prayers.

Well, I just checked the Clerk of Courts web site and my motions are officially "in motion". I gave him until Wednesday the 28th to produce the documents and it looks like he won't be served until Monday or Tuesday. At least at that point our daughter will be here at my house so when he has a meltdown, she won't be there. (two weeks here, two weeks there)

After "court" on Wednesday, it was my mid-week dinner with her and when I went to pick her up, he was standing at the end of his driveway in the middle speaking with his neighbors. Please assure me that I did the right thing when he stood there acting like he couldn't see my SUV and he wasn't going to move, that I did not make any attempt to run him over. :rolleyes:

I just leaned out the window smiling and said "Okay, that's fine. If you want our daughter to have to walk all the way out to the street (kind of a long driveway), I'll wait here." His neighbor motioned for him to come over to his drive so I could pull in. Guess he didn't want to blow his "image" with his neighbors. Really funny thing is that my oldest daughter told me (I picked her up before going to get my youngest) that the neighbor that pulled him aside is the same one that asked her to give me his phone number last year.:p Could you imagine me living straight across the street?!!! lol Don't worry, I won't go there. Cute guy but I don't like the "neighborhood".

Any news yet ???????

Have been pulling for you ;) :)

OOPS ! I didn't get the updated posts when I wrote that.
Still pulling for you -- and completely impressed with all of the research you've done and how you are representing yourself and your children.

Go Go Go Go Go !

You mentioned that you had found a website for the clerk of courts that can tell if your case is "in the system" yet. Where can I find that ? I googled it, but only found civil / criminal / traffic options. Nothing for looking up family court issues.

Any direction ? Thanks !!!!!!

It depends on what county you live in. If you can tell me, I'll look it up. If you don't want your county known on the open forum, PM me.

Received a message today from his attorney's office that they are making a motion to quash the parts of the subpoena duces tecum because he does not want to turn over his tax records, his bank records, or his retirement / pension account information, and they wanted me to call them back to come up with a date to hear the new motion.

He is supposed to have the documents to me by tomorrow.

When I called the attorney's office, they told me that they are going to hear the motion to quash on March 5th, (several days after he is supposed to give me the information) when we are scheduled for his motions to reduce child support instead of setting up another date. I can't exactly say I can't be there on the 5th because that's when their original motion is to be heard.

Hum, in order to prove my case about the disparity of income / assets / between households / benefits of remarriage / relative financial resources / other assets and resources / standard of living.............and to prove that his income had steadily gone up from 2000 to prove my contempt motion that he has failed to disclose his increasing pay over the years............I need these documents.

I am not going to give up on these records but I am thinking of also filing a subpoena duces tecum for property records / titles.

1. If he doesn't produce the remaining documents by tomorrow as ordered, what can I file for the disobedience of the court order? (I'm researching as fast as I can but if any of you have a direction in which I need to head, please feel free.)

2. Should I go ahead and file for the other documents?

Received a message today from his attorney's office that they are making a motion to quash the parts of the subpoena duces tecum because he does not want to turn over his tax records, his bank records, or his retirement / pension account information, and they wanted me to call them back to come up with a date to hear the new motion.

He is supposed to have the documents to me by tomorrow.

When I called the attorney's office, they told me that they are going to hear the motion to quash on March 5th, (several days after he is supposed to give me the information) when we are scheduled for his motions to reduce child support instead of setting up another date. I can't exactly say I can't be there on the 5th because that's when their original motion is to be heard.

Hum, in order to prove my case about the disparity of income / assets / between households / benefits of remarriage / relative financial resources / other assets and resources / standard of living.............and to prove that his income had steadily gone up from 2000 to prove my contempt motion that he has failed to disclose his increasing pay over the years............I need these documents.

I am not going to give up on these records but I am thinking of also filing a subpoena duces tecum for property records / titles.

1. If he doesn't produce the remaining documents by tomorrow as ordered, what can I file for the disobedience of the court order? (I'm researching as fast as I can but if any of you have a direction in which I need to head, please feel free.)

2. Should I go ahead and file for the other documents?

I agree, don't give up on getting the records you've already subpoenaed. You are only asking for the documents that the law requires disclosure of anyway, so I just don't see why the subpoena would be quashed.

Since there's a hearing already set for the issue of the subpoena, it probably wouldn't be a good idea to file anything at this point for ex's refusal to produce the documents. When a subpoena for documents is served, besides producing the documents, the person being served has the option of filing an objection before the due date of the subpoena. Your ex has done that, within the proper time frame so right now he's not in legal disobiendience of the subpoena.

You may not need to subpoena the property records/titles. They are all public record and quite often can be found on-line. My husband made the mistake of serving 4 seperate subpoena's for ex's property records, divorce records, CS orders for other fathers and her bankruptcy records. Of course, she always refused, just about the time hubby was going to file for contempt for her refusals, she did a very dumb thing- she filed a letter stating that none of the requested items were relevant, and that none were available under open records acts. That made us wonder if they really were available, and lo and behold- they all were public record and he had wasted his time and money on the subpoenas. If you can't find the records on line, check with the tax office, the court clerk, or the property apparaisers office.

Okay, I have two seperate subpoena variations to have ready to file if the judge agree's to quash the other infomation:

Version one:

TO THE CLERK:
Please issue a Subpoena Duces Tecum by CERTIFIED U.S. Mail Service, return receipt requested, upon the Defendant, Butthead, at his place of residence to wit: very nice house in very exclusive neighborhood, to provide the following information: 2001, 2002, 2003, 2004, 2005, and 2006 W-2’s, completed DR602A (Affidavit of Income), DR602B (Affidavit of Property), and DR602C (Affidavit of Expenses) forms. Said information may be mailed or hand delivered to OSM, Average house in average neighborhood on or before 5:00pm on the 12th day of March, 2007.

Version two:

TO THE CLERK:
Please issue a Subpoena Duces Tecum by CERTIFIED U.S. Mail Service, return receipt requested, upon the Defendant, Butthead, at his place of residence to wit: very nice house in very exclusive neighborhood, to provide the following information: 2001, 2002, 2003, 2004, 2005, and 2006 W-2’s, completed DR602A (Affidavit of Income), DR602B (Affidavit of Property), and DR602C (Affidavit of Expenses) forms, and titles to any and all property for which the defendant has interest and/or use of. Said information may be mailed or hand delivered to OSM, Average house in average neighborhood on or before 5:00pm on the 12th day of March, 2007.


In case he later objects to filling out the forms. (A and B are actually required by the court for modification of child support but I am also asking for the extra one, C which is the Affidavit of Property that includes all property owned soley or jointly, banking, and retirement assets), or if his objection is that his taxes contain his wife's information. (But that seems to go to household disparity and benefit of remarriage)

What do you guys think so far? I may file for A, B, and C to be completed now anyway, even if the judge doesn't quash the other requests.

Okay, I have two seperate subpoena variations to have ready to file if the judge agree's to quash the other infomation:

Version one:

TO THE CLERK:
Please issue a Subpoena Duces Tecum by CERTIFIED U.S. Mail Service, return receipt requested, upon the Defendant, Butthead, at his place of residence to wit: very nice house in very exclusive neighborhood, to provide the following information: 2001, 2002, 2003, 2004, 2005, and 2006 W-2’s, completed DR602A (Affidavit of Income), DR602B (Affidavit of Property), and DR602C (Affidavit of Expenses) forms. Said information may be mailed or hand delivered to OSM, Average house in average neighborhood on or before 5:00pm on the 12th day of March, 2007.

Version two:

TO THE CLERK:
Please issue a Subpoena Duces Tecum by CERTIFIED U.S. Mail Service, return receipt requested, upon the Defendant, Butthead, at his place of residence to wit: very nice house in very exclusive neighborhood, to provide the following information: 2001, 2002, 2003, 2004, 2005, and 2006 W-2’s, completed DR602A (Affidavit of Income), DR602B (Affidavit of Property), and DR602C (Affidavit of Expenses) forms, and titles to any and all property for which the defendant has interest and/or use of. Said information may be mailed or hand delivered to OSM, Average house in average neighborhood on or before 5:00pm on the 12th day of March, 2007.


In case he later objects to filling out the forms. (A and B are actually required by the court for modification of child support but I am also asking for the extra one, C which is the Affidavit of Property that includes all property owned soley or jointly, banking, and retirement assets), or if his objection is that his taxes contain his wife's information. (But that seems to go to household disparity and benefit of remarriage)

What do you guys think so far? I may file for A, B, and C to be completed now anyway, even if the judge doesn't quash the other requests.

They sound good. The only thing that concerns me is the time limit you're setting. The hearing is on March 5, even if he's served with a new subpoena the same day, it's giving him only 7 days to comply. He could use that as a reason to object. You should give him at least 14 days from the date of service, most subpoenas I've seen require production or objection within 15 to 30 days.

If he brings up that he files jointly with his wife, you can just explain to him that he can "black out" his wife's SSN, and name of employer if he wishes.

They sound good. The only thing that concerns me is the time limit you're setting. The hearing is on March 5, even if he's served with a new subpoena the same day, it's giving him only 7 days to comply. He could use that as a reason to object. You should give him at least 14 days from the date of service, most subpoenas I've seen require production or objection within 15 to 30 days.

If he brings up that he files jointly with his wife, you can just explain to him that he can "black out" his wife's SSN, and name of employer if he wishes.

I would have given them more time, however, I am going with the time frame they gave me (getting served on a Saturday and having a Sunday and a holiday before their demand date. They filed for their subpoenas on the 12th and expected delivery on the 20th, (giving me that extra day for Presidents day where all government buildings / services were closed). They set the precedent so I'm going to hold their feet to the same fire.

If they base any objectives on not having enough time, all I have to do is point out that the Docket clearly shows they did the same and they did it first.

I agree with the SSN thing for his wife (I already know where she was working). I really have no interest in knowing her personal information. I offered that option to his attorney's office when I called them back to schedule a hearing but they said "Let's let the court decide that". Fine.

My G-ma always told me that you treat people how you want to be treated. They showed me how they intend to treat me so..........

I would have given them more time, however, I am going with the time frame they gave me (getting served on a Saturday and having a Sunday and a holiday before their demand date. They filed for their subpoenas on the 12th and expected delivery on the 20th, (giving me that extra day for Presidents day where all government buildings / services were closed). They set the precedent so I'm going to hold their feet to the same fire.

If they base any objectives on not having enough time, all I have to do is point out that the Docket clearly shows they did the same and they did it first.

I agree with the SSN thing for his wife (I already know where she was working). I really have no interest in knowing her personal information. I offered that option to his attorney's office when I called them back to schedule a hearing but they said "Let's let the court decide that". Fine.

My G-ma always told me that you treat people how you want to be treated. They showed me how they intend to treat me so..........

Under the circumstances, the time limit you imposed is reasonable. Don't you kinda hope that they complain about the time limit? It would be a classic example of the pot calling the kettle black.;) Please keep us updated on the situation.

Well, I received the "official notice" of the motion to quash. Question. He is only protesting part of what I was asking for. Since he has yet to produce the remaining documents, does that mean he is in contempt on those items? (They were due on Wednesday)

Well, I received the "official notice" of the motion to quash. Question. He is only protesting part of what I was asking for. Since he has yet to produce the remaining documents, does that mean he is in contempt on those items? (They were due on Wednesday)

Possibly, but wait to see what the Judge says. You can certainly mention at the hearing that he hasn't produced the documents that he isn't objecting to, just to let the Judge know that he might not be willing to produce anything.

More games. I received a message today (Friday) from his attorneys office about the items that were supposed to be delivered or mailed on Wednesday. Apparently, the documents "are waiting for me" at the attorneys office. It was clear in the duces tecum that they were supposed to either be mailed (postmarked) or delivered TO ME by Wednesday, NOT delivered to his attorneys office for me to travel to and pick up. Court is Monday morning at 9 am. They left the message at 4:30pm on Friday. NICE.

I found a couple of other things in the statutes regarding their motion to quash. They were supposed to try to work out the issue with me prior to filing the motion to quash. They did not. In fact when I offered that they block out the SSN, their answer was that they would just settle it in court.

Also, if the court feels that the information is pertinent to my case, there are arrangements that can be made that only the court (meaning the magistrate or the judge) will look at the documents and decide if it proves my case.

There is also a clause that (since they are claiming that the documents include information privileged concerning his wife) I can subpoena someone "not a party to the case" if they possess information vital to my case. I guess if all else fails, I'll try that route and subpoena the documents from her.

More games. I received a message today (Friday) from his attorneys office about the items that were supposed to be delivered or mailed on Wednesday. Apparently, the documents "are waiting for me" at the attorneys office. It was clear in the duces tecum that they were supposed to either be mailed (postmarked) or delivered TO ME by Wednesday, NOT delivered to his attorneys office for me to travel to and pick up. Court is Monday morning at 9 am. They left the message at 4:30pm on Friday. NICE.

I found a couple of other things in the statutes regarding their motion to quash. They were supposed to try to work out the issue with me prior to filing the motion to quash. They did not. In fact when I offered that they block out the SSN, their answer was that they would just settle it in court.

Also, if the court feels that the information is pertinent to my case, there are arrangements that can be made that only the court (meaning the magistrate or the judge) will look at the documents and decide if it proves my case.

There is also a clause that (since they are claiming that the documents include information privileged concerning his wife) I can subpoena someone "not a party to the case" if they possess information vital to my case. I guess if all else fails, I'll try that route and subpoena the documents from her.

Print out all of the relevant stautes and take them to court with you, it makes it easier to convince a Judge that you know what you are talking about when you can hand the Judge a copy of the actual law.

Well, much ado about nothing today and more games. We got there. The magistrate decided that since I was opposing their motion to quash and had filed my motions for contempt and modification of support, that he would hear all arguments for the "quashing" subpoena on April 5th, and all the motions (modification of support and contempt) on April 18th.

I did get on the record that he has yet to submit the remaining documents that were not subject to the motion to quash (hoping they would hand them over there). The magistrate said that there are procedural remedies for that.

After the hearing, his attorney said I could pick the documents up at her office. Rather than make another 60 mile round trip to file a discovery motion compelling them to produce the documents, I stopped on my way home to pick them up. Imagine my "surprise" that his attorney's staff said they didn't have them because she had the documents with her in court today, in the case file. B*#&H!!!!! I gave them one option, have them postmarked and sent today or I would file every motion on the books for her (the attorney's) contempt and would be reporting her to the Ohio State Bar Association, Ethics division. I am going to outline their "games" and present them on the hearing on the 5th. Whether or not it will be admissible, it will be on the record for the Bar to examine.