hearing on CS arrears

[rtwins]

We reside in Ohio. After over 3 years, we finally have succeeded in having child support reduced. There was a child support administration hearing today and they determined that it should be lowered.

Our problem is that we are in serious arrears, $11,000 to be exact and there will be a court hearing next week to address that issue. My husband has documents from his dr and documents stating that he has filed for disability, to show prove as to why he has been under employed, but today they made it very clear to him that he may get thrown into jail next week. He was very upset and made some damaging remarks that will probably not do him well in court next week.

Does anyone have any suggestions as to what he can do to avoid jail next week?  Probably the most damaging thing he said was that he was not paying support because he was not being allowed access to the kids. I cringed when I heard that, I knew he had just nailed his own coffin.

CS feels that his disability isn't a reason in itself to not be working full time.

It has only been the past three years that we have fallen so behind and now it is just a vicious circle. We have been so overwhelmed with the monthly payment and arrears it seems like we will never get this straight.

The BM had made indications in the past that her husband wanted to adopt the kids. she even had her lawyer draw up papers for us to sign but when we consulted an attorney, he advised us not to sign unless she went through probate. Today when we mentioned that to her, she said they were no longer interested in adoption. The kids have already stated in court that they do not wish to have visitation (PAS) and that they prefer to be with their step father.They were 10 nad 11 at the time and the court felt that they were mature enough to make that decision. That is why my husband has no visitation. If we had the money , we could have insisted on psychological testing etc.

Can he petition to relinquish his parental rights and ask the court to stop support but he will pay off the arrears?

Any suggestions would be very helpful
Thanks

[wendl]

Well my ex was 23k in arrears (now he is only 18K in arrears) during our cs hearing when the reduced the cs amount is that he is to pay the current cs amount and $100 a month towards his arrears.

He was also ordered to look for work and keep a journal (he was more than capable of working) he failed to do so and failed to pay the support for the month so he went to jail, his bond was $700 cash to cs office to get out of jail, he was in jail for a week.

Before the hearing you need to figure out how much towards arrears you can pay, and really think about it, inform the judge that you can play the current cs + xx amount for arrears, may work, did for my ex.

Good luck

[reagantrooper]

Damn it sounds like you are in a VERY bad situation. WHY does your husband NOT want his KIDS? Has he ever had a relationship with them?

As far as the CS goes I think you are screwed the arears cannot be forgiven even if you guys can PROOVE that he has been disabled its just not right.

I cant for the life of me figure This hole "underemployed" thing. If a Goverment makes one work under the threat of punishment is that not involentary servitude? The way I read it it is and that amounts to slavery. If a married Dad does not want to work then he does not have to crrect?

[rtwins]

Believe me, my husband wants to see his kids but the cost of any legal help to get visitation is way beyond our means. We tried to go pro se and that did not work. We were just too inexperienced and he gets too emotional in court and forgets what he needs to say.

Yes, he did have a relationship with them when they were younger. They are now 13 and 14.

All we can hope for now, is that some day the kids will realize their mother has been lying to them and they will want to resume a relationship