I've been divorced for 10 yrs. We have a 17yr old daughter and I pay child support and health insurance for her every month. I have Never missed a payment on. I have joint custody of my daughter; weekends, liberal visits in between, every other holiday and 6wks for the summer. Since the beginning my ex has made this very difficult. She moved from Ohio to Texas 2 months after the divorce to "start over". I followed to be near my daughter and take care of her. After 4 yrs. she moved again to TN and then to AL where they are now. Thru this I didn't fight her because she always puts our daughter in the middle and it hurts and traumatizes her. And when I talked to daughter about it she chose her mom. I won't hurt her. My ex now has blocked even my summers So I want to stop paying at least! Help
Given the circumstances, it’s understandable that you would wish to terminate child support. As you said, you’ve diligently fulfilled your obligations for years now, and yet in return you do not get visitation as you desire (and, I assume, as the court ordered).
You should know that it’s not easy under Ohio law to terminate child support for the reasons you’ve mentioned. Basically, the court is not to authorize a denial of support payments “because of a denial of or interference with a right of parenting time or visitation…” (Ohio Revised Code 3119.09); in other words, what your wife is doing doesn’t automatically allow the court to let you stop making payments.
However, there is case law out there demonstrating that it’s possible. But without more information about your specific situation it’s impossible to tell whether that case law applies to your case. Contact an attorney to discuss your options in more detail.
Keep in mind also that your daughter is nearing the age when your child support obligation ends (18 years old, unless one or more of a number of conditions are met that extend child support past 18). So, at the very least, you can likely expect to stop paying soon enough as it is.
Best of luck.
You should consult an experienced divorce attorney. You may have a claim for contempt of court or breach of separation agreement and there is no substitute for an experienced attorney to investigate and evaluate. Initial consults are generally free, so meet with a court and pick one you trust.
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