Legal Question in Family Law in Ohio

Custody change & child support

My fiance's 14 yr old daughter wants to come live with us. The mother has agreed to this, although with stipulations. She wants shared parenting in which she pays no child support. My fiance has helped support this child for 6 yrs while they were separated ($200.00 every month & 1/2 of most other expenses). They finally got a dissolution 5 mos. ago (so she could remarry)and he's been paying thru csea. She is stating that she cannot afford child support even tho when figuring the amt 5 mos ago, she used an annual income of $44,000 and his was $25,000. All my fiance is asking is that she pay the amt he paid all those years ($200.00 mo.) She carries ins. for the child, and they split everything else. We live in different counties, about 40 min. apart. So is shared parenting realistic? She wants him to use her attny, and pay ALL $600 legal and court fees. The child was looking forward to starting school here with us, and I feel the mother is trying to ''hurry'' my fiance into a decision that may not be in the childs or our best interest!


Asked on 8/17/02, 12:56 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Custody change & child support

I believe that if either party makes a motion for shared parenting, the court must consider it, and make a determination as to what is in the child's best interests. However, there are problems because the divorce is so new. It is doubtful that either party will be able to show sufficient changed circumstances to permit shared parenting, and even if they get the custody change, I don't think that mother will be able to show sufficient factual reasons to deviate her portion of the new statutory child support figure down to zero.

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Answered on 8/17/02, 9:17 pm


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