Legal Question in Family Law in Ohio

I have a divorce decree that says we switch claiming my son every other year for taxes. My questin is that i pay for all the insurance,cell phone,supply him with a car,plus pay for all repairs. Is she supposed to pay half of the expenses for the child? She paid me child support for the child even though it was not very much until he graduated in may of 2012, but i gave him all the money because he is in college now. Thankyou , frustrated in southern ohio.


Asked on 1/25/13, 9:22 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, you have to go by what the divorce decree says. If you feel that the decree is unfair, then you could move the court to change it, but you would have to show a change in circumstances that did not exist at the time the decree was filed and which could not have been contemplated by the parties at the time it was filed.

The other side would argue that since you knew the child would turn 18 and would be going to college, and since you have a choice as to whether to offer the child the assistance that you do, then there are no new circumstances that could not have been contemplated at the time the decree was filed by the Court.

Even if you prevailed upon the court and got a change in the decree, the amount that you would pay an attorney to get this change may very well have wiped out the benefit for you.

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Answered on 1/27/13, 5:38 am


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