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CS Process question Ohio

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  • Lindy
    started a topic CS Process question Ohio

    CS Process question Ohio

    My DH has been working with his attorney and is ready to file for CS modification. His ex has been late or non-responsive with her replies to the attorney's coorespondence, so much so that the attorney has advised DH over and over to just file!

    Once this is filed, can his ex come back and try to make additional modifications/request information/anything to prolong this process further? Or is this open until the judge signs off? We're at the end of our retainer & I don't want to pay more for this than needed.

    Thanks.

  • Lindy
    replied
    The variables are there from the original order. We just have to go through the attorney to keep them in place. Thanks for your help!

    Leave a comment:


  • MomofBoys
    replied
    Originally posted by Lindy View Post
    Thanks for the info. Unfortunately, she's been overpaid for about 4 years, but in her mind, it's *her* money that he's "taking" away now (and it won't hurt her or the kids lifestyle aside from they may only get one vacation a year now instead of two.) I'm keeping my fingers crossed she just shows for appearance sakes and let's it go.
    I figured by the way it sounded that that was the reason she was just "too busy" for you guys... why would she want to take your phone calls or respond to your letters when it means she's one step closer to losing some bucks? Some people...

    If you have considerable proof that the modification is needed, and she has no proof to contest it, you'll probably get it. Just have your husband file as soon as possible. Good Luck!!

    Leave a comment:


  • Lindy
    replied
    Originally posted by MomofBoys View Post
    Basically, after your husband files and she is served, you will get a hearing date. That is where your husband will present his evidence that a modification of child support is needed. She is required to attend, and if she doesn't (which you said probably won't be an issue), then she basically loses out on her chance to contest the modification.

    As far as whether she can ask for a continuance/prolong the case... at this point in the process (the modification hearing), I don't THINK so, but you should check with your attorney to be certain.

    You can also check here... it has some good info.

    http://www.oslsa.org/OSLSA/PublicWeb/Misc/csmod#5

    Good Luck!
    Thanks for the info. Unfortunately, she's been overpaid for about 4 years, but in her mind, it's *her* money that he's "taking" away now (and it won't hurt her or the kids lifestyle aside from they may only get one vacation a year now instead of two.) I'm keeping my fingers crossed she just shows for appearance sakes and let's it go.

    Leave a comment:


  • Lindy
    replied
    Originally posted by jim_bo
    Is your husband the custodial parent or not? My wife has a child support order from ohio. It is simply based on a ratio of both parent's income. There was no discussion of a visitation schedule. Is there a joint custody thing going on here?
    They're both custodial. There are a couple of additional modifications based on the amount of time each of the kids spends with the respective parents, hence using an attorney. It benefits my DH, so it's worth the attorney fee overall.

    Leave a comment:


  • MomofBoys
    replied
    Originally posted by Lindy View Post
    Sorry, I'm not being clear. What happens/can happen at the hearing? I'm sure she will show for this, even if she has no desire to dispute anything.
    Basically, after your husband files and she is served, you will get a hearing date. That is where your husband will present his evidence that a modification of child support is needed. She is required to attend, and if she doesn't (which you said probably won't be an issue), then she basically loses out on her chance to contest the modification.

    As far as whether she can ask for a continuance/prolong the case... at this point in the process (the modification hearing), I don't THINK so, but you should check with your attorney to be certain.

    You can also check here... it has some good info.

    http://www.oslsa.org/OSLSA/PublicWeb/Misc/csmod#5

    Good Luck!

    Leave a comment:


  • Lindy
    replied
    Sorry, I'm not being clear. What happens/can happen at the hearing? I'm sure she will show for this, even if she has no desire to dispute anything.

    Leave a comment:


  • MomofBoys
    replied
    If she won't respond, then just file the papers. Once they are filed, a date will be set, and she has no choice but to show up.

    Leave a comment:


  • Lindy
    replied
    I can't say she's been ignoring it as much as she's too "busy" to respond. We have a couple of oddities where one kid spends more than the other with us so he wanted to work this out prior to filing. So, they agreed to what they were going to do and the attorney wrote it up to file. Ex hasn't responded to the "before we move forward, are you agreeable to this" letters.

    So, how does this work? Does the court give her another chance to respond (ie the date it goes to the judge)? This legal process is nutty.

    Leave a comment:


  • MomofBoys
    replied
    Originally posted by Lindy View Post
    My DH has been working with his attorney and is ready to file for CS modification. His ex has been late or non-responsive with her replies to the attorney's coorespondence, so much so that the attorney has advised DH over and over to just file!

    Once this is filed, can his ex come back and try to make additional modifications/request information/anything to prolong this process further? Or is this open until the judge signs off? We're at the end of our retainer & I don't want to pay more for this than needed.

    Thanks.
    Since you husband wants the modification, she doesn't have to do anything until she is served with the papers for it.

    If he wants modification, he just needs to file. He does not need to try and communicate with her first. Once the modification has been filed for, she cannot just ignore it.

    You are probably going to have to pay the attorney more.

    Leave a comment:

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