CASE LAWS in OHIO re Child support calculations!?
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I am a journeyman lineman (I erect high voltage power lines). This job requires me to travel to the location where work is at. Because of the bad economy, and lack of work, I have had to travel up to 7 or 8 hours away from my home just to maintain my home & keep up w/ my child support. I am responsible for all of my expenses (hotel, gas, food, NYS tolls, etc.). I have to take approx. $500 per week from my NET pay, to turn around and go back to work. Child support recently did a review and changed my amount to approx. $1000 per child per month based on my gross. I have 2 kids, So that it almost 2K. I appealed it, because I am responsilbe for all of my own expenses. I am not a business owner so I can't claim self employment. The magistrate won't take into consideration that I have to pay all of these expenses. How is the law fair? If I don't work, my child support goes into arrears. I am not trying to get out paying my support. I have always paid my support. I claim on my IRS returns every year all the expenses I incur yet the courts won't deduct that from my gross pay, So I have to pay $500 a week in support, plus $500 to get back to work to pay keep up. And when all is said and done, I am left with $150 a week to support my current wife and family. Is there anyone out there that can guide me on how to change the case laws in Ohio. The laws are just not fair. They are predjudiced against the ffathers.
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Answer:
Child support in Ohio, like many other states, is mandated by statute, not case law. The statute sets forth a means of calculating child support obligations so that all should be treated fairly, and calculations are based on gross income.
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Other answers
I don't know much about your states laws so I can't help you. I work with a guy who until recently was paying support on a 28 year old "child". Finally, after his co-workers badgered him enough he went to family court and got it stopped. I don't know how many times I see a father fall behind in child support due to the economy and he gets thrown in jail. When he is "lucky" enough to get released he owes a lot more $$ than he did before he went it. CRAZY! I wish you luck.
I lived, and paid Child Support in Ohio for many years. There is something missing in your question. The schedule used to decide the amount paid is mostly based on income. It is obvious that you make big bucks and you get to claim your expenses at tax time. The law has always considered "first family first" when paying for support. Your remarrying has no bearing on the amount you have been ordered to pay. This was your decision.
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