Today's topic

Questions and answers about child support with Jeff Startzman (12-3-08)

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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.