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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26921
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I got divorced approximately 3 years ago. At the time the

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I got divorced approximately 3 years ago. At the time the ex filed I was not in a good place mentally, emotionally or physically (i'd almost died 3 weeks prior after finding out that his girlfriend that i hadnt known about was pregnant, i was as well but it was tubal which is what caused my near death) i was on effexor for depression due to the situation and i was on leave from my job due to the depression. I was at the lowest point ever because of him and he then filed for divorce. The attorney that i found was fairly reasonabbly priced and so i went with her during the marriage we had accumulated 3 cars i had always taken care of the children as he was emotionally absent towards them etc...anyway we went to court and basically all that i got was child support and some alimony he does nothing extra for the children and i have since lost my job yet he still refuses to do anything for them besides child support i feel like he got over in the divorce because i was so messed up and my childrne got no protection or benefit he also claims them every year and has done so since before we got divorced. i need to fix this but dont know how he didnt have to give up a car or anything *they were all in his name*
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

All that he is legally required to pay is court-ordered child support and alimony. There is no legal requirement that he pay or spend any additional money on you or the children.

 

Thus, the only thing you can do is file a request to modify child support to increase it based on his income. As for alimony, it generally cannot be changed unless you can prove that he defrauded the court, lied about assets, etc. If that's not the case, your only outlet to get more money is through a request to modify child support.

Customer: replied 3 years ago.

okay i do understand that part and i would be okay with him not doing anything else for them IF he stopped claiming them every year and he does so with a smile on his face and the words "there is nothing that you can do so deal with it" also the children are 17 and 14 when we went to court i told the judge and the lawyers that the children refused to go with him on their visitations and that i honestly did not feel compelled to make them when i know how he treated them and if they stand up for themselves he thinks that he has the right to physically bully them which i dont like.....when he called a few days ago he and his current spouse said that i was in contempt of court and they could take me back to court if they want it is really all about money and power. He doesnt care if he see's the children or not its just something to "threaten me with" which makes him feel good and gives him the opportunity to try and add stress to my life somehow. This probably sounds like some kind of soap opera and it feels like it at times but I'm simply saying that he's not taking care of them, adding stress to my life, claiming the children on his taxes every year while i have full custody and full care of them, and calling being insulting on TOP of all of that. I truly need to find something/anything that will help me at least have some kind of peace of mind. What if we asked that he give up his parental rights then he wouldnt have to pay child support and wouldnt have any further reason for any further contact could that be an option?

Expert:  Roger replied 3 years ago.

Yes, you have the right to seek to terminate the father's parental rights by filing a lawsuit. However, you will need proof to have a chance to terminate his rights. Here's the statute: http://codes.ohio.gov/oac/5101%3A2-42-95

 

If you can find a basis to file for terminating his parental rights (http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-ohio.html), you can file a petition.

 

Doing something like this can definitely put the heat on him.

Expert:  Roger replied 3 years ago.

Yes, you have the right to seek to terminate the father's parental rights by filing a lawsuit. However, you will need proof to have a chance to terminate his rights. Here's the statute: http://codes.ohio.gov/oac/5101%3A2-42-95

 

If you can find a basis to file for terminating his parental rights (http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-ohio.html), you can file a petition.

 

Doing something like this can definitely put the heat on him.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26921
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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