10:48:39 AM [Ms. Terrell] Ok thanks.
10:48:55 AM [Dan Cade] You're welcome!
10:46:40 AM [Ms. Terrell] What do we have to show the court in order to prove that we do not need the child support order sucessfully?
10:48:18 AM [Dan Cade] All that is needed for the two of you to attend the court hearing regarding your request to terminate the order. Provided that the two of you agree to the support termination, the court will usually honor your request.
10:44:04 AM [Visitor] My boyfriend and the father of my kids and I are considering getting married. Do we have to wait to be married to request a termination in the child support case?
10:45:25 AM [Dan Cade] No. Provided that there is no child support assigned to the State of Ohio, you and your fiance may file a joint motion with the court seeking a termination of the current support order.
10:40:50 AM [Visitor] so if hes not paying chilld support and its ordered, if i get it i do and if not its really a lost?
10:43:14 AM [Dan Cade] The only tax refunds that can be seized from a delinquent obligor are those tax refunds that are due and payable to that specific individual based upon his taxable income. If the obligor is not eligible for a tax refund, then there will be no tax offset.
10:34:21 AM [Visitor] so if she files her taxes married filing jointly is the only way they would intercept the taxes for the rears? and when he is deceased and there is an amount due in cs will da kids be entitled to it?
10:35:12 AM [Visitor] there is no type of enforcement they can use on him cause he recieves SSI?
10:38:51 AM [Dan Cade] If a joint return is filed, any refunds may be seized by the Child Support Enforcement Agency. However, if the wife submits an injured spouse claim form with the IRS, then whatever refund is due to her will be paid to her. In the event his current spouse dies, the CSEA may be able to take action to collect any estate proceeds that are disbursed to the surviving spouse. We will need to know the name of the deceased spouse, name and location of the court, so that we can investigate to determine whether there are any assets in which to file a claim.
10:28:03 AM [Visitor] I am due $354 am inthe for 2 ids and dad is not working but recieves SSI of $449 a month if he lets them know he owes c.s. each month will they go up on his amount? when his wife files her taxes will i recieve rears from him through her? when he dies will my kids b due the rears amount form the state?
10:31:26 AM [Dan Cade] SSI benefits are not attachable for payment of child support for the reason that such benefits are deemed to be means-tested public assistance benefits. Likewise, such benefits are not considered income for federal tax purposes. Most likely, the father has no other source of taxable income that is subject to federal taxes, meaning that he will not be eligible to receive a tax refund. Any income tax refund received by his wife are due to the wife and not the father. As a result, we may not be successful in seizing the tax refund.
10:24:32 AM [Bambi] Thank you and have a great rest of the day!
10:25:20 AM [Dan Cade] You're welcome!
10:22:05 AM [Bambi] This has been something Ive fought with a long time. My children are 22 and 20. So I don't think I have a worker. Would I still be able to fight for what I think is mine?
10:16:51 AM [Bambi] Good Morning, Ive had an open court order since 1992 and I haven't had a payment. Is that because he doesnt stay put at one job.
10:19:52 AM [Dan Cade] There may be a variety of reasons for why no child support is being paid or received. Lacking regular employment may be one reason. I would suggest that you contact the child support technician assigned to your case and work with that individual on efforts to enforce your child support order.
10:14:00 AM [kay] So should I contact my worker to get the process started.
10:16:34 AM [Dan Cade] Yes. Please provide the worker with whatever information that you have regarding the name of the parent and the name and location of the court. Please understand that if it is outside the state of Ohio, our ability to initiate this process is limited due to the location of the court and our ability to practice law in that area.
10:11:26 AM [kay] Question 2 I have two child support cases my oldest childs father is incarcerated his mother passed and left him with a large amount of monies will child support go after that money for my case. When I did inquire about child support looking into it the work basically told me I would have to do the legwork. I would think child support would have more resources than I to locate the money.
10:12:32 AM [Dan Cade] Yes. The CSEA will take action to file a claim in the probate estate provided that we have information regarding the name of the father's mother, and the name and location of the court involved in the probate proceeding. After we have this information, we will do a followup investigation to determine if the non-custodial parent is eligible to receive a monetary distribution from his mother's estate.
10:04:52 AM [kay] Ok he is eligible for a tax refund how is the monies distributed if more than one child support case and could the other custodial parent keep getting the tax refund and my case is being overlooked. Question 2 I have two child support cases my oldest childs father is incarcerated his mother passed and left him with a large amount of monies will child support go after that money for my case. When I did inquire about child support looking into it the work basically told me I would have to do the legwork. I would think child support would have more resources than I to locate the money.
10:09:17 AM [Dan Cade] Whenever tax refunds are seized, the funds are first applied to any arrears that are assigned to the State of Ohio to reimburse the State for past public assistance benefits paid to the family. If there are no state child support arrearages, then the funds are equally applied to all cases. This process is automated through Ohio Child Support Payment Central in Columbus. The local CSEA is not directly involved in this process.
10:12:32 AM [Dan Cade] Yes. The CSEA will take action to file a claim in the probate estate provided that we have information regarding the name of the father's mother, and the name and location of the court involved in the probate proceeding. After we have this information, we will do a followup investigation to determine if the non-custodial parent is eligible to receive a monetary distribution from his mother's estate.
9:58:34 AM My husband was previously married and had three wonderful girls. He got divorced and deemed non-custodial parent and pays child support. My fifteen year old (almost 16yo) step daughter started talking about wanting to move in with us, when she told her mom, her mom basicly kicked her out and she started living with us last weekend. Her mom has already started talking about not paying for this and not paying for that. Do we need to have the custody issue established before we ask for the child support to be reconsidered?
10:02:02 AM [Jennifer] My husband is the NON-RESIDENTIAL parent is what I meant. He has standard visitation every other weekend.
10:02:54 AM [Dan Cade] If the court has awarded custody to the mother, then she is deemed to be the residential parent. Until that court order has been changed whereby the father is awarded custody, then there can be no action taken to establish a support order against the mother. Your husband will need to seek a change of custody and support. The Child Support Enforcement Agency does not provide services regarding custody and visitation matters. You will have to initiate the process on your own or with the assistance of an attorney.
9:51:33 AM [kay] How can I find out why for the last five plus years I have not been recieving the non-custodial parents income tax return. It's an instate case and I feel like the worker has not done their part to get his return.
9:59:08 AM [Dan Cade] All qualifying cases with arrears over $150 are submitted to State and Federal taxing authorities through an automated process. In order to receive any tax refunds, the non-custodial parent must be eligible to receive a tax refund. If the non-custodial parent is not eligible for a tax refund, no monies will be seized.
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