Legal Question in Family Law in Ohio

Income and expenses

I have filed a complaint to establish a parent/child relationship with domestic court with motions to modify custody and establish visitation rights in Summit County, Ohio. The defendant (mother) receives $434/month on county assistance and has just moved to a new 2 bedroom twin plex. Her old rent for a 1 Br in our area was $375 and she really couldn't even afford that apartment without family help. I do not believe she can afford her new living situation with rent, utilities.. etc. She has been relying on her mother for the past year to give her money to cover the rest of the expenses she can not pay. Also, her 15 year old daughter (not mine) now works a few hours during the week through a school program. My question is: Is it reasonable for me to request a copy of her new lease and list of household liabilities vs her income to show that she can't afford to house herself and the 2 daughters living with her? Income does not equal custody, true, however she should be atleast able to live within her own means ... correct? Also, is getting money from her mother considered income or rather a ''gift'' and not counted towards her income at all? Can the teenage daughters income be considered towards the household's bottom line?


Asked on 3/04/09, 3:56 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Income and expenses

The court's focus of the motion or complaint as you call it, is to improve your child's life. What are you looking to accomplish? Custody? Visitation? Are you just now coming into your child's life? Is your child's home environment better than before and, if so, why challenge it? Your inquiry poses these questions before considering the details you raise.

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Answered on 3/04/09, 7:54 am


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