Today's topic

Child Support with Jeff Startzman (2-11-09)

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2:54:36 PM [Visitor] Once arrears are caught up, how do I get the original amount taken out of my check instead of the extra $50 that was for arrears

2:56:20 PM [Jeff Startzman] When arrears are paid in full, the agency receives an alert from the computer system to re-issue a new withholding order that does not include the arrearage repay. If you have this situation, please feel free to contact your technician to check on the status of your case.

Garnett: Have 2 teenage girls.One just recently left my house and went to stay with father at my request. He has since had my check & food stamps cut. I know he is going to try to take me to court for child support court the child that he has. is it possible for me to pay him when we each have a child?How can i get the judge to see that we should just call it even.

2:49:34 PM [Jeff Startzman] The court will use split custody guidelines to calculate the child support as required by Ohio law. You can think of this as each parent paying the other for the child in their custody, and then the net amount actually exchanging hands.

2:46:01 PM [Visitor] child support was determined through divorce and when reduction was requested due to unemployment, review was denied and stated that it had to go through domestic relations, not child support...WHY?
2:49:34 PM [Jeff Startzman] I don't know without looking at your specific case. Do you have shared parenting? Feel free to contact me at 946-2023.

2:44:24 PM [Visitor] MY EX WONT LET ME SEE MY CHILD BCUZ IM BEHIND IN PAYMENTS IS IT ILLEGAL TO GO TO HIS SCHOOL AND SEE HIM WITHOUT HER PERMISSION...UNDERSTAND NOT TAKE HIM BUT JUST EAT LUNCH WITH HIM OR SOMTHIN
2:45:29 PM [Visitor] HOW DO U PAY SUPPORT ONLINE WITHOUT A PAPER RECEIPT
2:43:03 PM [Jeff Startzman] Unfortunately, this question goes beyond what the CSEA is authorized. I cannot give you legal advice. You may want to contact an attorney or the Legal Aid Society. As for your second question, you can pay through kidstar with a credit card and it will show up as a payment on your credit card.

2:36:00 PM [Visitor] Is the child support set forth in a divorce the ultimate decision? Or can even that be changed?How much do you have to be behind before you could be incarcerated or charged with contempt of court?

2:41:07 PM [Visitor] One more, if the custodial parent is out of work the child support can be increased correct? Now in the case of the non-custodial parent if they are unemployed, then the child support can be lowered?
2:42:48 PM [Visitor] Sorry, I think I'm being redundant, you did say the child support can always be lowered/increased depending on the circumstance.
2:43:03 PM [Jeff Startzman] First, child support is subject to the court's continuing jurisdiction. Therefore, it can always be modified when circumstances merit. There is no timeframe -- it may be years and not change -- or it may change many times due to changes in the parties circumstances. Second, if somebody is more than one month in arrears, they are classified as being "in default". After a person is in default, we use administrative measures to try to enforce the support and collect the arrearage. If we are not successful administratively, we then turn to judicial enforcement by filing contempt cases with the court. If a court finds an obligor in contempt, they use this as leverage to make them pay. If an obligor does not comply and the court determines that they have not purged their contempt, they may have to serve their contempt sentence. If someone still continues to not pay, it is possible to send the case to the Prosecuting Attorney to be reviewed for criminal non-support charges.

2:29:38 PM [Visitor] If the custodial parent gets the child support lowered because they are not working, what about when they go back to work Can the child support be adjusted or do I have to wait 3 years ?
2:32:49 PM [Jeff Startzman] No. That is a change in circumstances and you can request a modification through the CSEA or head straight to court and file a motion for a modification.

2:28:45 PM [ROB] ARE JUDGES STILL IMPOSING SENTENCES FOR NON PAYMENT SINCE THE JAILS ARE OVERCROWDED AND CAN SOMEONE REQUEST HOME INCARCERRATION2:24:36 PM
Jeff Startzman: That is a question that I cannot answer. It is up to the individual judge and whether the county where the case is has a diversion or home monitoring system in place.

 [Visitor] So either way, it could be lowered or increased? Or perhaps if no one responds then it stays the same?

2:26:14 PM [Jeff Startzman] Support can always be lowered or increased depending on the circumstances. If the requesting party fails to submit their paperwork, we will not proceed with their request for an administrative review.

2:16:25 PM [Visitor] What type of expenses ar not covered under child support .
2:17:49 PM [Jeff Startzman] I don't understand your question. Could you explain what you mean by expenses?
2:18:58 PM [Visitor] Well like school fees,extra curricular activities,car isurance for minor children etc
2:20:05 PM [Visitor] Maybe it would be easier to answer what is included
2:24:35 PM [Jeff Startzman] Child support is for the support of the child. That includes everything that goes into raising a child. Food, shelter, clothing, entertainment, medical care, incidentals, etc. There is no "list" of what child support should be used for or should not be used for.

2:20:19 PM [Visitor] When an administrative review is ordered, do both parties HAVE to send in their paperwork in order for it to be completed? What if only one party submits their paperwork?
2:22:45 PM [Jeff Startzman] Both parties are required to submit paperwork. If a party does not, then the reviewer may independently verify their wages or simply use the wages previously used. If there are none, then it is possible that wages may be imputed to one of the parties.

2:18:02 PM [Visitor] When the non custodial parent is behind on child support is that an automatic thing that they look to take their tax refund or do you need to talk to your case worker? And if they do take their refund how long before you receive it ?
2:20:30 PM [Jeff Startzman] Once an obligor is in default and they are a certain amount behind, federal law allows us to intercept any tax refund. All cases that meet this criteria are automatically sent to the IRS so it is not necessary for you to take any action. After a tax refund is intercepted, it can take up to 60 days for it to go through all the necessary hands and make it into your account.

2:15:17 PM [Visitor] It would be nice somehow to know how much is coming out and when because it has never been the same amount and when half or more of the support is not received, and I plan for each one of the childrens check of how to use it , it really complicates things.

2:16:58 PM [Jeff Startzman] Yes it does, but unfortunately that is how the law in Ohio set up the payment system and the SETS computer system.

2:11:54 PM [Visitor] I believe when the child support was issued the wages she claimed were below the actual fact. What kind of employment verification, if any, is done for child support orders?
2:15:12 PM [Jeff Startzman] Parties are required to submit income verifications in the form of tax returns, W2's, check stubs, etc. In addition, if somebody claims other expenses such as day care, union dues, medical insurance premiums, those too must be substantiated with documents.

2:08:19 PM [Visitor] Every so often my childrens child support check is short 60. to 120.00 dollars, I was told it is for the administration fees, which I understand must be paid but why at one time why not the few dollars at each time the money is received from the person who pays the support. Plus I was told it is when there is a fifth pay period I do not know which day of the month is the fifth day to look for, I do not know the time period the money is to cover. It is alot easier to manage our childrens money when I know exactly what I will be receiving.
2:12:24 PM [Jeff Startzman] To make a complicated answer simpler, under Ohio law child support must be paid first each month before administrative fees come out. If someone is on a biweekly pay schedule, then very often two payments come in during a month. That is the equivalent of four weeks pay for child support. However, there are more than four weeks in a month. During those months, all the money goes for child support and none for fees. In months where there is a third paycheck the fees are deducted from the third payment because we have exceeded the total monthly child support obligation. It evens out in the long run.

1:56:49 PM [Visitor] does the non custodial parent have to follow thru with paying the child support
1:57:51 PM [Visitor] He pays whatever he wants whenever he wants and this is after he went to court and got it lowered because he told them he didnt have a job but did have one before the final thing to get lowered went thru he just never reported he was working

Answer: An obligor has a legal duty to pay the amount of support that was ordered by the court. If an obligor does not pay as ordered, they potentially could be held in contempt of court for disobeying the court order. In addition, the CSEA seeks to enforce payment on all current orders and on arrearages. If you have any information about the obligor's employment, please contact your technician and let them know so that they can attempt to collect from that payroll.

1:53:45 PM [Visitor] My ex wants to have his child support lowered. I realize certain instances such as medical illness seem reasonable but just becasue you accept a lower paying job is that a good enough reason to have it lowered. What factors into a decision? He owes me over $30,000 in back support and I therefore work more hours and am not on assistance...so will the courts look at the fact that I am making more money and he is making less money than before and change the order? Do courts say look you have made X for the last few years and you are a healthy man you should still be required to make X?

Answer: The child support guidelines allow income to be imputed if a party is unemployed or under-employed and has a past work history that indicates they have the ability to earn that salary.

1:52:38 PM [Visitor] My husband recently had an administrative review request sent to us for his child support. Of course we missed the deadline but still need to have something done as he is currently unemployed. What kind of allowances do they make for unemployment?
Answer: Send your paperwork in right away and apologize for missing the deadline. You may have to complete it again if the case was closed. As for unemployment, that is factored into the child support guidelines to establish a new order.

1:49:57 PM [Visitor] I would like to know if the case banking is going to be dome away with? It doesn't seem to be working that well and now there is essentially no way to get an interview anymore which cause people that work to have to take 3-4 hours off to be seen as a walk in since not all of us have vaction or sick time to use
Answer
: Child Support doesn't do case banking. Please voice your concern using the Contact Us button on www.hcjfs.org.

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