Legal Question in Family Law in Ohio

Child support modification / situation changes

My husband pays child support to an ex-girlfriend for his 3 year old son and the payment amount was made based on his previous job. He has worked over 6 months at a new job and we put in for a modification almost 5 months ago and the CSEA said they couldn't grant it. We never saw any paperwork, and my husband makes a lot less now than he did. His support takes more than half his check, and I wanted to know how to go about legal action to get his payment reduced. I also need to know whether it makes a difference to the court that we are expecting our first child together May 12 this year. We only see his son once in a great while since we can't get a hold of the mother, and she rarely has him anyway. She won't keep a job and has been on welfare as well. What can we do? Thanks!


Asked on 4/07/98, 5:59 pm

1 Answer from Attorneys
Jonathan Schiff Self employed

wants support lowered

I am not as familiar with the support end as I am the custody end. However, my understanding is that the child support rate is set according to a formula based on income so therefore if your income declines you should be able to get a reduction. I am not entirely sure what the statement from CSEA is supposed to mean. You can file on your own or have an attorney do it. Since it's based on a formula it shouldn't be a real big deal having a hearing on it. If there is something else here hanging this all up let me know.

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Answered on 4/21/98, 8:19 pm


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