Legal Question in Family Law in Ohio

child support

me and wife got back together. the judge cancelled support order. i have 5000.00 in rearrage. judge is making me pay it. its causeing us money problems waitng for it. also cant travel for work cause cant get passport. wife wants to request hearing to cancell back payments . do we have that right


Asked on 3/31/09, 10:21 pm

2 Answers from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: child support

Yes, you can always petition the Court. A motion needs to be filed. I am not sure why the judge is making you pay the arrearage. You can also ask for your passport back. If you have more questions or are seeking to retain a lawyer please feel free to contact me. Best Regards, Edward DiCato

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Answered on 4/01/09, 12:19 am
Lisa Pertee The Law Office of Lisa M. Pertee, LLC.

Re: child support

You always have the right to motion the court to forgive an arrearage. Whether they can or will forgive the arrearage will depend on who the support is owed to.

If the arrearage is assigned to the state because of former cash assistance, the court has no authority to forgive an arrearage. You can request the agency accept a smaller amount to close the case, but they will rarely forgive the full amount.

If it is owed to the former custodial parent, the court should accept a settlement between the parties under recent case law (Byrd v Knuckles).

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Answered on 4/01/09, 7:38 am


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