Today's topic

Child Support with Dan Cade (12-2-09)

Upcoming chats:
Jan. 13, child care
Jan. 20, employment services
Jan. 27, Medicaid, food assistance, cash assistance
 

Thank you for your participation in today's chat!

 
10:51:15 AM [Visitor] Thank you for your help.
10:51:31 AM [Dan Cade] You're welcome. Glad to help.
 
10:47:05 AM [Visitor] As far as investigating that amount that is owed, do I request an audit for my case with the CSEA? How does a parent go about finding out what is owed with out hiring an attorney?
10:50:40 AM [Dan Cade] Upon request, the CSEA will provide you a copy of your support payment history records which will indicate the account balance. Audits are no longer generally conducted by the agency due to budgetary constraints.
 
10:46:03 AM [Visitor] Where do I find the Ohio Revised Code 3119.01 to 3119.19? Also, what if he has other children and is marry, would our income still be based on an in-tact family?
10:48:16 AM [Dan Cade] Just Google "Ohio Revised Code", which is available free of charge under Ohio's state Web site, Under the guidelines, parents receive a credit for their biological or adopted children that are in their household. The credit reflects the amount of tax dependency under the IRS.
 
10:39:27 AM [Visitor] ok if our divorce decree states that we each would be able to claim on child each but she claimed both for the past three years shouldnt a portion of that earned income credit be credited to my arears
10:45:38 AM [Dan Cade] No. You may wish to consult private legal counsel regarding remedies and options that may be available to you. The CSEA does not get involved in tax-dependency issues.
 
10:39:37 AM [Visitor] Hi, I had filed for child support years ago, and receive child support since then, but recently I have been found to owe money to the father that is paying, I have an attorney, but I am starting to question her ability to help me any further. Were can I turn to for help with out paying so much money to an attorney. What are the steps?
10:43:25 AM [Dan Cade] The CSEA does not provide collection services for overpaid child support. If you are not satisfied with the services of your attorney, you may wish to seek a second legal opinion.

10:38:21 AM [Visitor] It just does not seem to be fair if my income triple his income and you all combine them both to determine how much he pays.
10:41:34 AM [Dan Cade] Under Ohio's Child Support Guidelines, the goal is to factor in both parties' income as if the parties were an in-tact family. Ohio's Child Support Guidelines is based upon the income-shares model, which takes into consideration the shared income of the parties vs. other models that may be based upon an obligor's percentage of income. You may wish to review Ohio Revised Code 3119.01 to 3119.19 which provides the tables and the worksheets used in computing Child Support. This may give you a better idea what the support would be in your case.
 
10:31:01 AM [Visitor] is there any way of reducing the arearage based on the fact that there was no income
10:36:49 AM [Dan Cade] No. Ohio law does not permit retroactive modifications of child support. With that being said, however, the obligee has the ability to waive or forgive a portion of the back support. This remedy is only at the request of the obligee (or payee).
 
10:30:59 AM [Visitor] I don't understand your last sentence. Are you saying if the support is 300.00 a month he will be paying 27 percent of that.
10:34:45 AM [Dan Cade] When determining Child Support amounts, we utilize a calculation worksheet known as the Child Support Guidelines. In addition to the worksheet, there are financial tables reflecting combined gross incomes. Depending on the amount of gross income and the support amounts contained in the tables, as well as the percentages of incomes for each party, support can be computed. Obviously, the higher the combined gross income, the higher the level of child support. However, the percentage of income for each parent affects the amount of support ordered.
 
10:27:38 AM [Visitor] I am a father of two one of them not being my biological daughter After an 8 year marrage i am paying child support for both and my suporrt case began while i was in prison at 400 a month while i had no income ive been out and working for 1 year 4 months i came out to a 12000 dollar bill that i have brought down to about 6500 but i just have been layed off what do i do now
10:29:16 AM [Dan Cade] You can request a modification of support by either filing a motion with the court or requesting an administrative child support review in the county where the support is ordered.
 
10:23:48 AM [Visitor] So you are saying...If I make 40,000 a year and he makes 15,000 a year they would combine both of our income to come up with a monthly support for him to pay.
10:27:21 AM [Dan Cade] Yes. Support would be based upon a combined gross income of $55,000 per year. However, the parental share of the support would be 27 percent for the parent who earns $15,000 and 73% would be for the other parent based upon the guideline tables.
 
10:18:21 AM [Visitor] What if he is no longer employed?
10:20:36 AM [Dan Cade] If the obligor is unemployed, the CSEA or the court will factor in any unemployment compensation benefits. Depending on the situation, the CSEA or court may impute minimum wage income or the amount of income that the obligor may be able to earn if employed. Please understand that every case is different, and is dependent on the facts of the case.
 
10:11:15 AM [Visitor] I am receiving child support from my child's father each month. My question is if my earnings is more than my child's father, can I get an increase in child support how much I make regardless?
10:14:35 AM [Dan Cade] When determining the amount of child support, the combined gross earnings of the parents are taken into consideration. The mere fact that you may earn more than the non-custodial parent in and of itself may not result in a decrease or increase. Under Ohio's Child Support Guidelines, the greater the combined gross income results in a higher child support amount. The focus of the guidelines is to factor in both parties' income.

10:05:03 AM [Visitor] Thank you very much, these forums are always helpful and resourceful

10:05:33 AM [Dan Cade] You're welcome! Glad we could be of service.
 
10:03:00 AM [Visitor] So if paternity is established, but the mother does not wish to seek child support at this time,(and is NOT on assistance) the CSEA will not automatically seek to set an order against the father?
10:04:04 AM [Dan Cade] What we normally do is establish a zero order that can be modified at a later date in the event that the custodial parent seeks support. That's our local policy.
 
9:58:03 AM [Visitor] ok. thank you. another unrelated question. My godson is unsure of the paternity of a child,but afraid to request a test through hamilton co fearing being put "in the system"? The only way child support is enforced is if the mother is receiving assistance, correct? Otherwise, it is my understanding that she would have to contact child support on her own if he is the father??
10:01:23 AM [Dan Cade] Child Support program services are available to all residents of Hamilton County. One does not need to be receiving public assistance to qualify for our Child Support services. Services include the establishment of paternity, establishment of support and medical orders, enforcement of current and past-due child support. These services are available without charge to our residents. As it relates to paternity, either the mother of a child born out of wedlock or a man wanting to determine paternity for a child can request our services. In the event paternity is established, the agency will proceed to establish support at the request of the custodial parent.
 
9:48:12 AM [Visitor] I will be getting custody of twin girls from their previous caregiver (aunt) due to neglect, can I seek child support even though caregiver was not biological parent? father unknown,mother unfit/no income
9:55:33 AM [Dan Cade] The only individuals that has a duty of support are the biological parents. Caretakers have no legal duty to support a non-biological or adoptive child.

If you encounter technical problems, please e-mail us at boehmm@jfs.hamilton-co.org.
Note: If you are accessing this chat at work, your firewall may prevent you from participating. Please talk to your Information Systems staff.