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my daughter has went through a tuff divorce. she lives in ohio. her ex lives in ohio. she has spent a lot of money for her lawyer to get her divorce. dhe has no support in ohio.she has to take her ex back to court he was suppose to take her name off the house because he got the house but has not done it yet. she did not think her lawyer represented her well. also he only pays her 200 dollars child support for her daughter. he has a good job that pays well. she doesnt have money to take him back to court . what should she do. alsoi would love her to be able to come back to michigan with her daughter were she has family that would help her go back to school . but her ex wont agree does she have any recourse?
State/Country relating to Question: Ohio
Good morning, and thank you for your question.
I'm presuming that there is a child support order in effect from the divorce. Child support is generally based on a statutory formula that takes into account the income of both parents and the amount of time the child spends with each parent. If he is ordered to pay more support then he is currently paying, then she should file a motion for contempt against her ex-husband. This is a motion that tells that court that one party is violating a prior order of the court by failing to do "x" (in this case, pay the right amount of support), and asks that a court impose sanctions. She can file the same such motion for his failure to take her name off the house. If he is paying the correct court ordered amount of support, but she feels it is not enough, she can file a motion for child support modification, which asks the court to increase the amount she is getting. However, she will have to show the court that there has been a significant change in circumstances from the time the original court order was entered in order for the judge to agree to an increase. A significant change would be something like the father of the child getting a job where he now earns much more money then he used to.
With respect to moving, she will have to look at her custody order. Typically, they provide that a parent can only move a certain distance away, or cannot move out of state, without the permission of the other parent. Since the other parent does not agree in this case, she would have to file a motion to modify custody/visitation, and ask the court to change the custody arrangement to allow her to move with the child out of state (which would in all likelihood change the visitation schedule as well). A court will always try to do what it believes is in the best interest of the child, so here, she would have to show that she has good reason to move away. For instance, she can argue that she would have a much greater support system in place with her family. But, she would also have to show that she has a job there (or the prospect of a job), and that the impact on the child will be minimal, and that the child will still have regular visitation and contact with the other parent. I can tell you that courts are reluctant to let a custodial parent move without good cause, if for nothing else, because they fear it harms the relationship between the child and the non-custodial parent.
She doesn't need a lawyer to file these forms for her -she can go to the Clerk of Court and get them herself and fill them out and file them.
Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.
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