i have filled out divorce paper work in ohio and asked for indigency from immediate payment my income reflects a huge whole where money is needed what do i do to get this to be accepted by the court if i show im broke and can prove it what next? The child support and spousal order set was crazy high and they will not look at it without a divorce from her.
State/Country relating to question: Ohio
filled out the paperwork got it notirized had ohio legal aid help organize andstill got rejected
If you can prove to the court that there are no assets from which you can pay support, extreme financial hardship, the most the court will do is reduce the support amount based on the child support guidelines and the income you prove to the court. Unfortunately, the courts are not very warm and friendly or understanding in these matters and we have had them tell clients "it is not our problem, go get another job to pay it," and legally if they are within the support guidelines set by the statute there is nothing you can do but pay I am afraid. The courts have little to no discretion in the Child Support Guidelines, the law says what you have to pay based on income and the court has to follow that. If the court did not follow the guidelines and you present the evidence to the court that your support falls outside of the guidelines they must reduce it and if they do not, the next step is filing an appeal. I am afraid until the divorce is filed, there is little more you can do. I do not know why your motion was rejected unless you did not properly introduce the evidence of your income and assets to the court in accordance with the rules of evidence, which is a problem may pro se litigants face. I know things are tough, but you may need to convince legal aid to represent you in this matter or call the state bar to seek one of their pro bono attorneys in your area to represent you and get this reduction paperwork and the divorce filed properly.
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if i attach an addtional typed document for the court to see will that do or do i need to fill out the paperwork again?
You would have to file all the paperwork again if they rejected your filing. You would just submit the same paperwork you submitted, but you really need to get a local attorney to review everything you are filing again to find out why your filing was rejected as it shouldn't have been if you had the right forms.
yes you are right i think i should but i am broke thats why i am on here and every month i pay 600 instead of 1300 i go into the arrears why is the system setup this way it is so frustrating.
I understand and you have left a deposit here, but none of the experts who have assisted you have been compensated as it seems you have never left any excellent service/positive ratings which is the only way the experts get credit for assisting you.I know that you and so many like you are in this situation and many of them come here. Some, on our insistence, have gone to legal aid, called the state bar and gone to their local law school law clinics and they have found that they were able to get some legal assistance to help them pursue their cases.If you are in such a financial bind, then you would be able to satisfy the court to waive the fees and also move the court to reduce your support amount based on the significant change in your financial circumstances.
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