TODAY'S CHAT IS COMPLETED. THANK YOU FOR YOUR QUESTIONS.

IF YOU EXPERIENCED TECHNICAL DIFFICULTIES,  please e-mail specifics about what you encountered to boehmm@jfs.hamilton-co.org so we can report them to Bold Chat, the chat software vendor. Sorry for any inconvenience.

2:08:50 PM [Visitor] What can a parent that is recieving child support do when the other parent doesn't pay?
2:16:28 PM [Visitor] Shouldn't child support come out their tax refund if they don't pay? Sally1
2:44:18 PM [Jeff Startzman] Our office enforces child support orders when someone does not pay. We have a variety of administrative and judicial tools to do this. Intercepting an obligor's tax refund is one of those tools. Please call your tech to discuss what is being done and what can be done based upon the facts of your case.

Question: I realize that your immunity deal  that you offered in August may serve a purpose, however for someone like me it was a complete disservice, let me explain...Child support was suppposed to start in 2005.  In 2005 I received $0 in 2006 I received $2490, in 2007 I received $4,477.00 and in 2008 I have recieved $1650.51.  His monthly support was $1093 and was increased to $1312 to accomodate back pay.  I have had 8 court dates for contempt of court and there WAS a warrant issued that accumulated to 201 days for contempt and failure to appear.  My ex showed up on August 26 and paid $100 toward the $36,000+ that he owes me and was sent on his way.  I ask you why when someone owes that large amount of money, how can you justify accepting $100?  At a minimum you should ask for a % like 25% or something.  We have another court appearance coming up on October 31, I am supposed to take off another half day of work where I will not be paid to go in front of a judge where nothing is being done to help me or better yet my kids.  To allow my ex to walk away only paying $100 is a slap in my face.  It no longer makes sense for me to lose a half days pay to show up in court when you guys will not lock him up.  He lives in Kentucky and Ohio will not cross state lines to pick him up when there WAS a warrant.  How can you help me?  This is very frustrating that immunity offer should have NEVER been accepted in this case.
Jeff Startzman: Neither we nor the courts offered "immunity" to anyone. Your ex-husband's warrant was for failure to appear, not failure to pay. By giving him an opportunity to turn himself in to the court, that allowed your case to go back to a hearing. His prior stayed sentence of 201 days remains. Regarding whether you need to be at this hearing, please call the attorney on your case to discuss this with them. I do not want you to miss work if you do not have to.

2:33:03 PM [Visitor] In that case, would the non-custodial parent have to pay the court costs for that form of contempt or how would that work? My husband has been going through this issue for the past 4 years. And honestly, it is getting old because she is doing it on purpose and out of spite.
2:36:30 PM [Jeff Startzman] Yes. This is not anything that our agency is permitted to handle by law. Unless the court waives the cost, he would have to pay them like anybody else. He may want to consult an attorney regarding his legal options.

2:30:16 PM [Visitor] One more question, If I came to court with most of the money, would the judge put me in jail?? This is my first review hearing after the contempt hearing. I also have to care for my other child.
2:33:56 PM [Jeff Startzman] I cannot speak on behalf of the court and I do not know the history of your case. Having said that, when people make an honest effort to comply and make substantial payments, even if they are not everything that is owed, the courts and our attorneys will work with you. As I told someone earlier, our goal is not to put people in jail but to collect money that is owed for children.

2:29:00 PM [Visitor] If the support order says that if the noncustodial parent is current with support, he/she is able to claim the child as a dependent on their tax return. What happens if the custodial parent decides they don't want to abide by that order
2:29:16 PM [Visitor] and claims the child anyway delaying the return of the noncustodial parent
2:31:27 PM [Jeff Startzman] You certainly have the right to take that person back to court since they did not abide by the order. Routinely the IRS becomes the "cop"" that has to sort out who gets the deduction.

2:27:11 PM [Jessica Ashley] Oops, one more! Would it matter if the child support was determined in their divorce paperwork?
2:29:22 PM [Jeff Startzman] I don't understand. Most divorces involving children have parenting time orders and child support orders.

Madison: What do courts do to "non-payers"? What is the cut-off point that assigns someone such a title and are criminally charged? What are the sentences given to an individual who has an excessive amount of unpaid child support?
Jeff Startzman: Civil contempt of court is 30 days first offense, 60 second, 90 third. Criminal non-support is statutorily defined as failing to provide support for 26 of the last 104 weeks. Criminal non-support can be a first-degree misdemeanor or a fifth-degree felony. Repeat offenders can be a fourth-degree felony.

1:55:22 PM [Jessica Ashley] We also have a child together, wouldn't this affect the amount of child support he would have to pay on his 2 other children, if he now has another dependent?
2:20:55 PM [Jeff Startzman] Yes. He can request a modification based upon a change of circumstances -- that being another dependent which is factored into the child support computations.

2:04:57 PM [Visitor] How do the cash medical support orders work? What if the custodial parent has been ordered to provide medical insurance? Will that affect the non-custodial parent who pays support?
2:16:55 PM [Jeff Startzman] An obligor can be ordered to pay an additional amount called a cash medical payment over and above child support. This amount is ordered when there is no medical coverage provided and the parties income levels meet certain thresholds.

2:01:51 PM [Visitor] Why in the world does it take SOO long to get contempt orders moving??
2:14:48 PM [Jeff Startzman] Answer to first question: When an obligor is behind and the decision is made to pursue contempt we must locate the obligor so they can be served with notice of the motion. When that is accomplished, the next step is a hearing in court. At that hearing, the court will decide whether or not the obligor is in contempt for failure to follow the court's order. If they are, then they receive a sentence which is stayed to coerce them into complying. If they fail to comply, then the court could ultimately impose that sentence. The court is using its contempt power to try to get payments. Our goal is not to send people to jail but to collect support that is owed.

Questions from Madison:
1. How effective has posting most wanted posters been for providing children with overdue child support?
Jeff Startzman: Most Wanted posters have been a good tool to help us locate absent parents who owe support and who have warrants for their failure to appear After they are arrested, they are back in the judicial system and subject to what the courts do to non-payers.
 
2. Why is it harder for men to receive child support although their ex-wives may make significantly more money than they do?
Jeff Startzman: Child Support is computed pursuant to the Ohio Child Support guidelines. It makes no difference who the custodial parent is. If you do not have an order, and want to get one established, please contact us at 946-SETS.
 
3. Why do you choose to provide online chats to discuss these issues instead of holdin public meetings?
Jeff Startzman: We hold lots of public meetings/presentations. If you would like to request a speaker, please use the Speaker Request form under Contact Us on www.hcjfs.org. If you have a question about your case, please feel free to contact me at 946-2023.
 
4. Is there any person in the discussion that would be willing to talk with me about their personal concerns in regards to child support processes?
Jeff Startzman: Sure. Please call if you have any questions.

1:58:46 PM [Visitor Mary Bush] Dear CSEA, My divorce was Oct 1989. Most times when my ex husband is ordered to court for failure to pay, he will lie & say he's lost his job. He did this last month & returns to court in Dec 08. I can't take off work each time to attend as I'm the only parent who has fed, clothed, sheltered & provided medical care for my children, now ages 18, 19 & 20. One is in high school, the next in college. Obligor ex husband lives 40 miles away, I don't know where he works, but when he talks on phone with eldest son, he mentions he's on his way to & from work & through grandparents know he's a cook someplace in Middletown, where he's live most of his life & for last 15 years. Would you be able to track his job through tax records? He owes over $10,000 & last paid $17. in March. He's never paid support any other way than wage garnishment & acts willing to pay in court, & told Judge last month he'd send in a check that week, but hasn't. Any suggestions? Thank you for making him go to court.
Jeff Startzman: I would like you to call our attorney that has your case in court. You can speak with them about possibly issuing subpoenas and taking other action for the next hearing. I hate to say much more, since we already have him in court.

1:53:37 PM [Visitor] Why can't hamilton cty. have a direct link to the IRS to check that income reported to is the same as income reported to the IRS? W2's are not enough evidence
Jeff Startzman: We would love to have such a tool. Unfortunately, the IRS does not share such information with child support.

1:48:15 PM [visitor] how long do u let a person owe 16,000
Jeff Startzman: Once a person is in default, which is defined as one month behind, we take administrative action to enforce the case. That can elevate to legal action such as civil contempts. If this fails, then the next route may very well be criminal non-support charges. Every case is different, so please contact your tech to discuss what is going on in the case.

1:47:28 PM [Visitor] I'm a father who is rasing one child. The Mother does not pay child support. My other son lives with his Mother, and she admitted to the judge is that she wants to put me in jail. I'm unable to keep a job because of a previous felony 12 years ago. I'm trouble free now, and am raising my other son now with the help of my family. How do I find a job to stay out of jail and provide for my other son? I have a court date coming up and I have 1500 dollars that I manage to scrimp to pay the court for my boy, but I'm about 1200 short. Any suggestions? I want to be a father and I want to see my other son.
Jeff Startzman: Please contact Alan Clay at (513) 946-7283 to have him put you in touch with some programs that can help both with parenting issues and refer you to Super Jobs, who can assist ex-offenders in finding employment.

1:41:32 PM [Kristin ] I have never got a raise in child support. It's been 8 years since my divorce. He makes a ton more money now and lives in Honduras so I raise the kid's and pay for everything. I am disabled and The kid's and I barely make it. My ex has a maid and home paid for by his company along with a large expense account. Can I get a substantial raise.
1:48:24 PM [Kristin ] Cost of everything have increased over the past 8 years. He has never been able to hold up his end of visitation, because he is always out of town. He does come back for a week or a few days here and there to see the kid's. But you see I am mainly the provider of all things the kid's need and I am happy to do what I can, however he makes 90,000 plus a year andI get a very small disability check and child support based on what he made in 2001. My kid's are on the free lunch program. We are considered below poverty level. Plus I have been diabled for 13 years and it is hard for me to leave my home often. What can I do? Thank you for any help you can provide.
Jeff Startzman: Yes. You have the option of filing a motion directly in court requesting a modification or contacting our order modification people and requesting us to do one administratively. Their number is; (513) 946-8273

1:40:40 PM [Jessica Ashley] If my husband has 2 jobs but they are only taking child support from one of them (not enough to cover it), can we have his whole check automatically taken from the one job? Does this make sense?
Jeff Startzman: No. Federal law has a limitation on how much can come out of one paycheck. But if we find a second job, we can take the remainder out of that paycheck. Please call your tech to make sure they know about the other job. They can do an employment verification to confirm it.


Feel free to start submitting your questions. Today's chat begins at 2 p.m.

If you run into technical problems, please e-mail us at boehmm@jfs.hamilton-co.org.

Mark your calendar for the upcoming chats listed above, including our first one about Child Care next week!