Legal Question in Family Law in Ohio

Child custody/support

I have had custody of my son for the last six years and recivied no child support. My ex wife had custody of him prior to this and recievied child support. The reason I did not ask for support was that she said If I asked for support she would go to the court and lie about any and anything to get him back. I figured that attorney fees to defend this nonsense would not be worth asking for child support. I am now considering to have him go back with her. The question I have is that if he was to go back would a Judge consider the fact that she paid no child support while I had him basically agree that she should not be entitled to ask for support b/c she never paid me while I had him. My concern is that she would agree in a modification of custody agreement but than make a filing with the court for support the moment he arrivied in her house. Bottom line: She didn't pay for six years...should I have to pay for the last three till he is 18??? Would the court recongnize this type of common sense???

Thanks


Asked on 9/16/07, 10:17 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Child custody/support

The court most likely would recognize court-ordered support arrangements. If the child support your ex was supposed to have given was never raised in court or ordered by the court, or at the least agreed upon in writing, then you've got little evidence to go on. It is confusing that you stayed away from court intervention because your wife threatened to lie, but that you considered her actions 'nonsense' so that you didn't go to court over them, and now your are asking how a judge might rule.

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Answered on 9/17/07, 9:45 am


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