Legal Question in Family Law in Ohio

My husband abandoned our marriage and children 6 years ago and could not be found until about 1 year ago. I have filed for divorce which he is fighting because he thinks I have a 401K account still active and he wants half. What kind of rights does he have? And can I ask for back child support to be paid directly to my children? Again, we heard from him by phone about 4 times in the first 3 years he was gone. No address, no phone, no way to contact him.


Asked on 5/25/12, 12:53 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, when you file for divorce, the court will divide up the assets and debts of the marriage in an equitable (though not necessarily equal) manner. The court will also determine if child support is appropriate based upon your incomes and decide how much is appropriate. The child support would be paid directly to you until each child reached 18. If the court determines that your husband should have been paying back child support, then the court will add on a small amount to the normal monthly child support payment that he has to make and that amount will go toward clearing the arrearage. Even after the children reach 18, that arrearage amount will continue to be taken from him and paid to you until the entire amount of the arrearage is paid.

Read more
Answered on 5/25/12, 1:46 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio