My question involves a child custody case from the State of: Ohio
I have full physical and legal custody of 2 children. Ex has never had a job other than working for a parent. During our separation, the parent/boss threatened to falsify his income so I would get less child support. Due to this fact, we wrote into the decree that the child support could not be decreased for the duration of the order (5 years). The magistrate accepted it, we both signed and agreed, and it was finalized last year. Now his parent is claiming he is laid off and even signed off on him getting unemployment and he is filing for a modification. On the original paperwork last year, he claimed his income, plus $14,000 in "other income" from rent and side work. Now he is claiming zero income from any source other than unemployment. The rental is still occupied by the same tenant that he's collected rent from for 10 years, so I have a hard time believing that he suddenly started letting him live rent free, but that's another issue. My main question is this: If the decree has a written clause that child support cannot be reduced, is this able to be upheld in court? To me, it seems open and shut, but the courts have let him get away with so much already that I don't feel confident that they will do what is supposed to be done.
I have full physical and legal custody of 2 children. Ex has never had a job other than working for a parent. During our separation, the parent/boss threatened to falsify his income so I would get less child support. Due to this fact, we wrote into the decree that the child support could not be decreased for the duration of the order (5 years). The magistrate accepted it, we both signed and agreed, and it was finalized last year. Now his parent is claiming he is laid off and even signed off on him getting unemployment and he is filing for a modification. On the original paperwork last year, he claimed his income, plus $14,000 in "other income" from rent and side work. Now he is claiming zero income from any source other than unemployment. The rental is still occupied by the same tenant that he's collected rent from for 10 years, so I have a hard time believing that he suddenly started letting him live rent free, but that's another issue. My main question is this: If the decree has a written clause that child support cannot be reduced, is this able to be upheld in court? To me, it seems open and shut, but the courts have let him get away with so much already that I don't feel confident that they will do what is supposed to be done.
Modification of Support: Decree Says No Modification Will Happen
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