[OH] [OH] Is child support based on income or expenses?
I found out my ex pays $0/mo in rent and health insurance while I pay $1600/mo in rent and $624/mo for insurance. Is the $2224/mo difference between our living situations able to be used in order to deviate down my child support obligation of $1302/mo? I have been restricted to work fewer hours by my doctor for my foot issue, and I cannot pay my bills with such a high amount of support now that my hours have been cut.
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With support in general, one issue is that they usually base it mostly on income and not mutual expenses. So the court may choose to ignore some of the difference even though she has no rent. However, if the number now makes it so you cannot pay bills, it can be cause to appeal.
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I found out my ex pays $0/mo in rent and health insurance while I pay $1600/mo in rent and $624/mo for insurance. Is the $2224/mo difference between our living situations able to be used in order to deviate down my child support obligation of $1302/mo? I have been restricted to work fewer hours by my doctor for my foot issue, and I cannot pay my bills with such a high amount of support now that my hours have been cut.
Lexi, Chatbot
I understand the financial strain you are facing. Have you discussed your reduced work hours and financial situation with your ex regarding child support modification?
Yes, she doesn’t care. She actually just increased it from $900 because the magistrate wouldn’t let me present my evidence of the difference in our bills.
Lexi, Chatbot
Have you documented your reduced work hours and medical restrictions from your doctor to support your request for a child support modification?
Yes
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your child support obligation.
No
Liz
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state is your child support order?
Ohio, Hamilton County.
Liz
Thank you for sharing that. When was the order put in place?
She filed 04/27/24. Payments started coming out of my checks in early July. The increase was granted at her objection trial on 07/15/25.
Liz
Understood. Have you considered an appeal of the increase?
I found out about her $0 rent earlier this month from her answers to custody discovery after a motion to compel.
Liz
With support in general, one issue is that they usually base it mostly on income and not mutual expenses. So the court may choose to ignore some of the difference even though she has no rent. However, if the number now makes it so you cannot pay bills, it can be cause to appeal.
One would think $2224/mo just for a place to live and insurance would be factored in if the other party’s cost for the same is $0. Yes, the amount is now too high. I was hoping at trial I could present my medical restriction into evidence but the magistrate wouldn’t allow me to do so.
I know for CSEA they can do a review and they do ask for expenses. I am thinking about requesting one due to my restriction, and will give them her answer to discovery stating she pays $0 in rent, because she will most likely say it’s $1200, as she has told the kids as to why she needs more of my money.
It’s also most likely the reason she refused to provide her expenses and welfare applications for insurance, food stamps, and heating/energy assistance; all the numbers would be different.
I just know her total household bills to provide for the kids are around $600/mo, and she makes $1600/mo part-time. $1300 seems too high.
Liz
For her $0 rent, is she living with someone?
No. When we were dating, we got a house on foreclosure, we gave the down payment to her parents and they bought the house. She was a stay-at-home mom, so I worked and paid her parents the $280/mo mortgage.
Liz
It is a lot. Does she work?
She has a college degree and works part-time as a cashier.
I am a USPS letter carrier and now can only work 40 hours a week due to my Morton’s neuroma. The magistrate didn’t let me present the restriction, and still based my income on the years when I was working 55–60 hours a week.
Liz
That can be cause to appeal since they failed to listen to your evidence. You are entitled to due process.
She had been cheating on me towards the end of our relationship; he is still with her now but lives over an hour away. She broke up with me five days after I found out my mom was dying of cancer because she used my info to log in to the IRS website to see about my tax return and flipped out that I didn’t give her half of it since I used it to pay bills. Then she broke up with me and kicked me out, making me homeless, and kept all my stuff.
She is a peach, to be sure. Now that we aren’t together and I am in therapy, I see that my therapist is right—that my ex is incredibly manipulative and controlling. Also malicious, as she knows the amount I have to give her will make me get evicted, and thus not be able to see my kids. She lost custody of her three other kids in her divorce, so I am trying to get full custody of our three kids.
Liz
Have you filed for custody?
That’s what I thought. I would have to object and make a motion to vacate based on my evidence not being entertained, correct?
Liz
You could file a motion to vacate which would be in the same court, or the notice of appeal to take it to a higher court.
First pre-trial hearing she lied to the magistrate and got caught. Second one she yelled at the magistrate for not cutting my visitation time in half.
Motion to vacate wouldn’t be overseen by the magistrate that issued the decision though, would it?
Liz
It’s not guaranteed it won’t be the same magistrate, so it is possible.
That’s odd—it wouldn’t go to the judge instead? Presenting it to the magistrate that initially denied me the chance to present evidence seems like a conflict.
Liz
I agree, there are a few little inconsistencies like that in the law. For example, when you file to remove a judge via recusal, that judge gets to rule on it.
So strange. Ok, but a motion to vacate or an objection you think is warranted considering I wasn’t allowed to present evidence?
Liz
It can be warranted, as your ability to present evidence would be part of your right to due process.
Ok. Should I also go to CSEA and request an administrative review, to get our incomes and expenses? Or would that not do much as there is a court order, despite how unfair it is?
Liz
That sadly won’t do much since the court order is brand new.
Perhaps I can do that if the order does get vacated. Just stressed about it. Hopefully I just get custody on the 8th so the kids can be safer and happier.
Liz
If you get custody, the whole child support order would then have to be redone with her paying.
But my lawyer would have to put in an order to cease the current obligation right? And would I be able to recoup support payments that are still taken out of my checks after I am awarded custody?
Liz
You could recoup money paid that is not actually owed.
Liz
I hope I was able to help with your situation! If you have any other questions, feel free to ask.
Liz
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