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Today's chat is completed. Thank you for your
questions. We look forward to serving you in the future.
3:07:11 PM
[Visitor] No this is a modification that I have
filed on my own.
3:13:53 PM
[Jeff Startzman] You
have the right to subpoena documents. If you are unsure
on how to do this or unsure about what to do at the
hearing, you may want to contact an attorney of your
choosing.
3:08:18 PM
[Visitor] but none of that has worked. there's
nothing else that can be done?
3:10:02 PM
[Visitor] and if there is a warrant out for his
arrest and I gave Hamilton County Sheriff's dept his
mother's address where I know he is living why can't
they go get him?
3:12:22 PM
[Jeff Startzman] Call me
with the case and I will have someone contact the
Sheriff with this information.
3:00:38 PM
[Visitor] My income has increased almost $12,000
since 2005, (the last time that I received child
Support). I know that the father's hasn't increased by
that much because he receives SSD would it still be wise
for me to request a modification? Better yet would it be
in my best interest to request one?
3:11:05 PM
[Jeff Startzman] I
cannot give you legal or personal advice. However, If
your income goes up and his does not, I believe the
resulting calculation would be a decrease in his
obligation.
2:57:24 PM
[Visitor] Can you please tell what the percetage
of a person's check can they actually take for child
support. My boyfirend has 3 kids, and he pay support on
all of them. One of them its 400 a month and the other
is 400 a month. thats 800 a month. he is making 400 a
week, So what percentage can they really take from him.
3:09:17 PM
[Jeff Startzman] The
Consumer Credit Protection Act sets the limit for child
support and other debt collection. It can be up to 65
percent of gross at the maximum.
2:55:35 PM
[Visitor] after my son's father was had a warrant
put out for his arrest and his license suspended and
since HCJFS cannot locate his place of employment they
told me there was nothing else they could do.... Is
there no way for me to get the child support I was
ordered to get?
3:07:45 PM
[Jeff Startzman] It
sounds like neither we nor the police know where he is,
or he would get arrested. If we cannot locate either
employment or a source of money, then we cannot collect
the child support. Thus, we use tools such as
suspensions, contempts, and even criminal charges to try
to make him comply.
2:59:39 PM
[Visitor] ok, so it would be pretty difficult for
him to prove these companies are not making any money.
do custodial parents typically request an increase at
some point simply because of the cost of living
increase?
3:02:27 PM
[Visitor] thank you for your help.
3:05:22 PM
[Jeff Startzman] There
is no such thing as a cost-of-living increase in child
support. Under the guidelines, there must be a
10-percent change in the order.
3:02:24 PM
[Visitor] Hamilton County Common Pleas, Domestic
Relations issued the support order. Is there anyway of
finding out if a Court Form 2.8 was completed and filed
for a support order?
3:03:57 PM
[Jeff Startzman] You can
check with the court. Also, anything filed in your case
is filed with the Hamilton County Clerk of Courts. You
can check with them and get any documents from them.
2:54:55 PM
[Visitor] I have a pending case for modification of
support and was told that I would need my last 3 years
of income and so would my ex I have been trying work
with his lawyer and the only thing that he has provided
me was 1 pay stub from a month ago the lawyer is not
returning my calls what do I do at this point
3:02:35 PM
[Jeff Startzman] If this
is an administrative modification with our staff, send
in your income information and anything you have for
your ex-husband.
2:56:53 PM
[Visitor] Which court would I address this issue
with? If my child was removed from Hamilton County
without a Court Form 2.8 being completed, would I need
to retain an attorney to bring this to the court's
attention?
3:00:03 PM
[Jeff Startzman] Which
court issued the support order? That is the court that
has jurisdiction. Regarding whether you need an attorney
or not, my best answer is to ask yourself whether you
feel confident filing the pleadings, conducting the
hearing, and arguing the law before the court. If not,
you may want an attorney to do this on your behalf.
2:54:11 PM
[Visitor] one more question, please: said angry ex
husband also told me that he plans to request the child
support amount he pays be decreased because he owns his
own business and has shown 'no income' for the last 3
years. My daughter has been getting child support from
him her entire life, 13 years, and I have never
requested an increase. How easy would it be for him to
do this?
2:57:54 PM
[Jeff Startzman] He
would have to file a motion and show a change in
circumstances. Since he is self-employed, the court
would be required to look beyond his gross adjusted
income. Often, cases like these become the battle of
accountants who look over the true worth and the income
of businesses.
2:50:31 PM
[Visitor] Would they consider reasonable cost to
come from the county? Wouldn't that be wasteful spending
when the father could provide the coverage
2:55:55 PM
[Jeff Startzman] Since I
do not know the facts of this case, I am hesitant to
second-guess why the court made its decision.
2:51:59 PM
[Visitor] Wouldn't the County know if the child has
been removed from Hamilton to another county by the
address of where the child support check is being sent?
2:54:32 PM
[Jeff Startzman] I do
not believe the court looks into these matters. All
child support payments are received in Columbus. The
court is available to hear motions so that is the best
avenue to bring this to their attention.
2:51:27 PM
[Cindy Moore] I mentioned that he was in jail
yesterday to my case worker and she told me there is
nothing that they can do except mail out an address
verification. I would love to have someone be able to
serve him with contempt papers, that is all I was asking
and Child support told me that they cannot do this. AND
No, all of his criminal cases has been since he left 8
years ago, none of my involvement at all.
2:52:22 PM
[Jeff Startzman] Please
call me at 946-2023 so we can get something started.
2:47:05 PM
[Visitor] What is the penalty of removing a child
from Hamilton County to another with out completeing
Court Form 2.8??
2:50:19 PM
[Jeff Startzman]
Potential contempt of court.
2:46:07 PM
[Visitor] My fiance' was ordered to pay child
support, the mother is receiving assistance and has 2
other children. My question is how does he go about
paying for health insurance, (to save tax payer
dollars). He mentioned it when he initially went to
court but they ordered the health insurance to remain
under her which makes no sense when he can provide
medical coverage.
2:49:33 PM
[Jeff Startzman]
Typically the court will order either or both parents to
provide health insurance for the sake of the child when
it is available at reasonable cost. I do not know what
occurred in this case without looking at the specifics
of it.
2:42:38 PM
[Cindy Moore] I have a child support case and the my
ex husband is 7000.00 plus behind in payments. He has
not filed income tax since we have divorced 8 years ago,
so I would not get anything there. He is currently in
jail at the Hamilton County Justice Center, I called my
case worker yesterday to see if they could somehow put a
hold on him so that he could be accountable for his back
child support. I noticed that the address information
that he has given to the public defenders office is a
"bogus" address. My case worker told me that the only
thing they could do is send out an address verification
on him, to which I told her that he is giving "bogus "
addresses to anyone asking for his address. ..I have his
current creditors calling me as he is also using my
address as a contact for merchandise that he has rented
from rental companies and has since "pawned" their
merchandise. I am very disappointed that the system
cannot help to make him accountable for his obligations
to his child. I am paying all of her expenses, while he
is basically in hiding... All I am asking is that
someone contact the jail and make him accountable for
his support for his daughter.
2:46:18 PM
[Jeff Startzman] It
certainly sounds like he has some serious criminal cases
pending. Although this has nothing to do with child
support, I cannot conceive of you being responsible for
any of his criminal actions if you did not take part in
these activities. Since he is in jail, we would know
where to serve him with contempt papers. However, it
sounds like he may be going to prison. If he has not
paid for awhile, we may be able to file criminal
non-support charges. Unfortunately, if he does go to
prison, we will not be able to collect then.
2:35:40 PM
[Visitor] His bank account information would be on
any checks he has sent in. I have provided all of his
contact information, including the name of his business.
2:36:52 PM
[Jeff Startzman] Feel
free to call me and I will look up his case to see what
is happening.
2:25:51 PM
[Visitor] My ex husband owes my daughter child
support for Oct, Nov, and now Dec. He owns a successful
business in Tampa FL. He is angry with me because I have
asked him to pay for our daughter's health insurance,
which is his responsibility according to the court order
when we were divorceed. I have been paying for her
health insurance myself for the last 5 years or so and
have asked him to reimburse me. So now he sends in the
child support whenever he feels like doing it.
2:26:50 PM
[Visitor] Isn't there some way to have the child
support come out of his bank account automatically so I
can count on this income to come in every month?
2:27:59 PM
[Visitor] And also, shouldn't parents who are
delinquent be charged a 'late fee', just as we are if
our bills are late?
2:33:53 PM
[Jeff Startzman] Child
Support can be deducted from an obligor's pay check or a
bank account when we find them. Please contact your
technician if you have any information regarding his
employment or a bank account. We can also take
enforcement action for his non-payment. Since he is out
of state, this would involve sending an interstate case
to Florida so that our counterparts in Florida could
take him to court to enforce the order. As for late fees
or penalties, Ohio law provides for interest only in
cases where there is a willful and intentional failure
to pay. This can only be ordered by the court, not our
agency.
2:19:22 PM
[Visitor] If you have been ordered by the court
to go to medation and temporary support was also ordered
how does that effect permament support
2:30:22 PM
[Jeff Startzman] I
presume this is a pending divorce case and the temporary
support was pursuant to Civil Rule 75. Permanent support
at the time of the final judgement and decree will be
pursuant to the Ohio Child Support Guidelines. The issue
you may face is what to do about any arrearage under the
temporary order. If that arrearage is not specifically
preserved in the decree, it is gone.
2:19:50 PM
[Visitor] Thanks for your response, but my other
issue is this. My income will never go down. Will my
child support be lowered because I make more than him?
I'm not trying to leave him penniless but I'm constantly
bettering myself for my children and myself and it seems
as though I continue to get the short end of the stick.
Jeff Startzman: I'm not
sure I understand your question, but I'll take a stab at
it. The income-shares model will result in a
modification of child support when one parent's income
increases or decreases with respect to the other party.
The idea is that if the couple was together, then this
is how they would run their household.
2:20:56 PM
[Visitor] i wanted to know what happens if im not
working currently and the father is... how is child
support determined?
2:23:45 PM
[Jeff Startzman] Child
Support is calculated pursuant to the child support
guidelines. I earlier explained the process. Just
because your income is zero, that does not mean that an
order cannot be made. Let me know if you have any more
questions.
2:15:17 PM
[Visitor] what if i am not currently working how
does that effect the child support?
Jeff Startzman: The answer
depends on whether or not there is currently a child
support order. If you are the obligor of an existing
order and there has been a change in circumstances, such
as becoming unemployed, you can request a modification
to lower your child support. If you are an obligee and
you become unemployed, you can request a modification to
increase your child support. If there is no child
support order yet, then an order that is established
will be based upon your current income or your potential
income (such as past jobs) if you voluntarily quit
working.
2:07:02 PM
[Bob Weaver _Society of St Vincent de Paul] This
probably isn’t child support related, just a general
question regarding assistance available to a grandmother
who has (unofficial) temporary custody of her 4
grandchildren. She’s looking for help with food and
things for Christmas. Said food stamps have not yet been
approved. One parent is incarcerated the other recently
released but out of state. Are there specific programs
that can help in this situation? We can work with the
immediate situation however, it appears to be an ongoing
problem.
2:16:12 PM
[Jeff Startzman] She can
indeed seek Child Support if she desires, but I
understand how it may be a futile attempt. Has she
applied for either OWF or PRC? If you wish to contact
me, I can forward your inquiry to our Family and Adult
Assistance folks to check what is available for her.
2:03:30 PM [Visitor] What and how is child
support caculated
Jeff Startzman: Child
Support is calculated pursuant to the Ohio Child Support
Guidelines. These are statutory and based on the
income-shares model. Basically, both parties gross
income is added together to determine a household income
and then that amount is compared to a chart in the
revised code that shows the cost of raising a child or
children. That amount after any necessary adjustments is
then proportionately divided based upon income. You can
read all about this in one of the fact sheets on
www.hcjfs.org.
1:52:48 PM
[Visitor] ALSO WHY CAN'T HCJFS HANDLE BACK SUPPORT
INSTEAD HAVING THE CUSTODIAL PARENT FILE WITH FAMILY
COURT? BECAUSE NO ONE CAN LOCATE MY SON'S FATHER I
HAVEN'T EVEN TRIED TO GO TO FAMILY COURT AND FILE FOR
THE PREVIOUS 12 YEARS BEFORE THE SUPPORT WAS ORDERED
Jeff Startzman: When the
CSEA establishes a support order, we do not order
support retroactively. However, either party can object
and have a hearing with the court and request back
support, which the court has authority to order. You do
not have to file with the court. However, we do need to
be able to locate and legally serve the father.
1:49:01 PM
[Visitor] I DON'T UNDERSTAND WHY MORE ISN'T BEING
DONE TO FIND DEAD BEAT DADS AND MAKE THEM PAY THE CHILD
SUPPORT OWED MY ORDER WAS MADE LAST YEAR AND I'VE NEVER
RECEIVED A DIME BECAUSE NO ONE WILL GO FIND HIM. THE
MAIL ISN'T A GOOD SOURCE TO USE IN LOCATING SOMEONE.
Jeff Startzman: We use many more resources than a
simple postal verification to locate absent parents. We
are not always successful, however that does not mean
that we stop trying to locate them. I don't know the
details of your case, but if you would like to discuss
them with me, please feel free to call me at 946-2023.
1:47:34 PM
[Visitor] I was curious if parents are together
yet unmarried and then break up let's say after 2 years,
the father supports the child but no support order in is
place, can the mother then go to court and ask for back
support since birth?
Jeff Startzman: First, paternity has to be
established if it has not already been so. After that,
you can request a child support order either through
this agency or directly filing a motion with the court.
This agency does not do retroactive support, but the
court has jurisdiction to do that. Each case stands on
its own merits, so I am hesitant to predict any outcome.
1:47:19 PM
[Visitor] I previously received child support for my
oldest 3 children the last payment was received 2005
because the father became disabled and applied for SSD.
The children had been receiving SSD since then and they
said that the child support at that time was taking care
of through the SSD. My question is 1st do I still have a
case with Child Support? And 2nd since it's been over 3
years can my case be reviewed because the money that I
receive is not enough to support them. I'm proving more
than 1/2 of their care financially.
Jeff Startzman: Yes. Your case is not closed.
Under Ohio law, if the dependent's benefits from a
social security disability case exceed the monthly child
support order, then the order is considered satisfied.
The child support obligation is based upon the Ohio
Child Support guidelines. The guidelines are based upon
the incomes of the parties. His SSD is his income. If he
has other income, or if you have had a change in income,
then a modification may be appropriate. Please contact
us to request a modification so that we can review the
specific facts.
1:44:54 PM
[Visitor] I guess I can see how your "amnesty week"
helps some people get back in the system, however I
showed up for all the court hearings (12) since 2006 and
he showed at less than half. He shows up for amnesty
week the courts removed the warrant he pays $100 towards
the $32,000 he owes he and what have my children gained?
He has paid roughly $6000 total and owing over $32,000 I
think warrants more than $100! Great he is back in the
system now and I still do not receive child support.
Perhaps when he showed up for amnesty week you could
have arrested him, made him sit in jail for the 201 days
that was on the books. How come you didn't hold him and
ask that he pay 25% or something more significant?
Jeff Startzman: Amnesty was for his failure to
appear for his hearing. Neither we nor the court excused
anything he owes. By getting him back before the court,
we now have leverage to make him pay or face the
possibility of having his 201-day sentence imposed. That
can only be imposed for not paying, not for failure to
appear. The court has a very tough decision to make in
these cases, when to pull the trigger and impose the
sentence vs. how many chances to collect money.
1:38:54 PM
[Visitor] im not sure where i begin with child
support ? my daughters dad and i are not together and i
need to know what to do? do i need a lawyer?
Jeff Startzman: If the child was born out
of wedlock, the first thing you need to do is to
establish paternity. After that, we can seek to
establish a child support order if you so desire. To do
either of these, please feel free to contact us at
946-SETS or simply drop by our office at 222 E. Central
Parkway.
1:00:35 PM
[Visitor] I live with my boyfriend and we have two
children together. He signed both birth certificates, he
is employed and supports both children. I have tried
several times to obtain assistance through food stamps,
child care vouchers, and cash assistance. I have been
denied of all services and the caseworkers are saying
that because I have no child support order, I cannot
receive assistance. My first question is this true? and
my second question is will my boyfriend go to jail if a
child support order is issued although he is living in
the home and providing support?
Jeff Startzman: I will have to check on the food
stamps, child care, cash assistance questions for you.
By signing the birth certificate, that is evidence of
parenthood, but paternity is not established unless the
Paternity Affidavit was signed. If it was not, you can
request child support services to have paternity
established. It is not necessary to seek a child support
order if you do not want one. The only time you are
required to do that is if you are receiving cash or
medical assistance for the child.
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