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2:57:12 PM
[Visitor] jeff, i would like to let people on here
know about felony nonsupport it is always an option when
they just refuse to pay.i know there are guidelines but
you get the best result because they have a probation
officer they have to see every month. i had no luck till
he was convicted of a felony.ive found that most people
dont even know that felony nonsupport is a option
3:02:46 PM
[Jeff Startzman]
Criminal non-support is what we consider the last
option. Our office refers cases for felony prosecution
only after we have exhausted all administrative and
civil remedies. Sometimes it is very effective, but not
always. Even after a conviction, we have staff who try
to work with the obligors to pay. I'm glad we were
successful in your case.
2:56:46 PM [star] In casesl ike this when the
father hasn't paid much does he get visitation rights?
He has never seen my son and hasn't attempted to do so.
Curiosu
2:58:47 PM
[Jeff Startzman] Child
Support and visitation are two separate matters. Child
Support does not buy visitation, nor does the lack or
denial of visitation mean child support does not have to
be paid. A parent may petition the court for visitation
rights at any time. The court will make any order of
visitation/parenting time based upon what is determined
to be the best interest of the child.
2:50:44 PM [star] last time i went to court in
Jan I did not recieve a copy at all. They gave him
copies and told him to come back last thurs
2:51:43 PM
[Jeff Startzman] If you
need a copy of the court order, you can get it from the
court, or you can contact our office as I'm sure we have
a copy.
2:49:09 PM [star] didn't know i hat attonney no
one ever said I did
2:50:17 PM
[Jeff Startzman] The
attorney does not represent you, but works for Child
Support. They are the ones that filed the motion to
enforce the support order and appear at court. You
should have received copies of these pleadings.
2:47:00 PM [star] The last time we went to court
he purged saying he worked at Cincinnati Cooks when that
program was canceled. THe judge was upset then. He told
her he was working at Tempoary place making $20-30 a day
depending where he is sent. She just told him pay before
the next court day. My worker told me don't have to show
up for court. I was told I did since I get food stamps
and medical. But its a hassal for me to come down. I am
enterting law school soon and can't leave class.
2:48:41 PM
[Jeff Startzman] You are
not required to be at the court hearing unless you are
subpoenaed, as you are not getting cash assistance.
Please contact the attorney handling your case and let
them know that you have this conflict and cannot attend.
2:44:44 PM [star] Is there any way I can get the
money owed to me at all? Or just wait on the county to
collect it when he pays? He just got out jail 2 weeks
before his court date.
2:46:40 PM
[Jeff Startzman] Child
Support that is owed does not go away. It will remain on
the books until it is paid. I'm not really sure what you
are asking, but I can state that our agency will
continue to work on enforcing your case.
2:40:56 PM [star] My son's father has 5 other
children and is way past on all the cases. He went to
court last thurs. I didn't attend. I attended the other
times. He paid 100 last week. But will the judge
eventually put him in jail? He's way over 2,000 in back
support
2:41:47 PM
[star] So far total he's only made 2 payments
2:44:21 PM
[Jeff Startzman] The
judges have to make a difficult decision: when to put
somebody in jail. They use the threat of jail to try to
get as much paid on a case as possible. If somebody
doesn't pay at all, they probably are going to end up
being sent to jail. If somebody pays most of what's
ordered, judges will usually take the money rather than
impose the time. It becomes really a difficult decision
for judges when there are some payments, but not full
payments and not regular payments. The goal of the
court, and this agency, is to collect the support owed,
not to incarcerate.
2:32:06 PM [Visitor] I have an ex husband who
based on his W2 from 2004 made $70,000 our divorce
became final in 2005. He committed a felony between that
time and perhaps thought it would be hard to get a job
finance job like he has since he had a felony and it was
agreed upon that he would pay child support based on him
making $44,000. Needless to stay he now owes me $33,000
in back support and has now filed a motion to modify his
support based on the fact that he is only making
$20,000. Is the system set up to be that technical?
Meaning you make this, he makes this, this is the
output, OR is there a standard of someone being
underemployed?
2:29:58
PM [Jeff Startzman] If I understand the facts,
you were divorced and support was based upon your
incomes at that time. Your ex-husband then committed a
crime, and as a result cannot find a job that pays as
well. He therefore is asking for a modification due to
having less income. The legal argument is that he
committed a voluntary act (a crime) and therefore he is
not under-employed. The opposite argument is that if the
two of you were married still and he committed a crime
and was making less, your household would have less
money (support), so why should the fact that you are
divorced change the outcome?
2:27:55 PM [jamie] i saw where you said that it
was illegal to keep bond money. several years ago i
recieved bond money. the county indicated that whoever
signed his bond knew that it could be forfeited.
2:29:58 PM
[Jeff Startzman] I
really can't comment on what might have happened in that
case as I do not know all of the facts. I can say that
there is case law that states bond money posted by a
third party cannot be seized for child support.
2:16:58 PM [Shawnya] Thank you so much for you
help today Jeff
2:17:04 PM [Shawnya]
Have a good day
2:19:46 PM
[Jeff Startzman] Thank
you for logging in and chatting. I hope this was
helpful!
2:16:17 PM [Visitor] I have the same situation, a
couple years ago I was told if he went to jail he would
have to pay the purge amount to get out. He was picked
up and went to jail. He was then bonded out for $300.00
and I didn't see a penny of it... So what went wrong
with that?
2:19:01 PM
[Jeff Startzman] Bond is
different than a purge payment. Bond can be posted by
anybody, including a bail bondsman. The bond goes back
to the person posting it. It is not legal for child
support to take the bond. (Plus most bonds are 10
percent cash bonds anyway.) A purge amount is an amount
paid to child support to satisfy the court's order.
2:12:32 PM [Shawnya] I understand all of that but
how can he gt a test done privately when he does not
have visitation with the child because he does not have
money to pay for hearing because support and visitation
are two seperate issues?
2:16:33 PM
[Jeff Startzman] He can
certainly file a motion for visitation pro se. In other
words, without an attorney. If he cannot afford the
filing fee, then he can do a poverty affidavit at court
and they will waive the fee. Once he has visitation, he
can have the genetic testing done at a reputable lab at
his own expense. This is far cheaper than paying 18
years of child support if he is not sure the child is
his.
2:03:47 PM [Visitor] Well I know from his last
year income tax, he made over $45000.00. Why wasn't
child support based on that income? I have filed appeal
on this matter. I just don't understand how my income
was based on if I worked full time? Why was that done?
2:14:03 PM
[Jeff Startzman] Once
again, I do not know the facts that we used in this
case, so I really can't answer your question,
unfortunately. However, this can all be brought up on
appeal and addressed at that time. Any modification goes
back to the original date, so delay cannot be used as a
tactic to avoid support.
1:59:36 PM [Ms Brooks] ok thanks because he
doesnt even pay his child support
2:00:57 PM
[Ms Brooks] so what happens with the purge amount of
750
2:11:44 PM
[Jeff Startzman] If he
would pay the purge amount, that money would go to you
for the child support owed. The purge means he has done
what the court required him to do and the contempt
finding is dropped.
2:05:21 PM [Shawnya] if he were to go the route
of DNA testing who should he contact
2:10:21 PM
[Jeff Startzman] He can
contact an attorney of his choosing who can advise him
on how to file the proper motion. If he does not have
the genetic test, he should have a test done privately
so that evidence can be used in his motion. Please
understand that federal law prohibits this agency from
using our funds for genetic testing to disprove
paternity.
2:04:35 PM [nlj] I have a adminastrative review
this friday but havent recieved a notification to
attend. Is attendence required
2:04:21
PM [Jeff Startzman] If this is an administrative
hearing, then you should attend. You can attend by
telephone if that is more convenient. However, if this
is a "desk review" (the first stage in administrative
modification) there is no hearing. The calculation is
based upon what you send in.
1:56:01 PM [Shawnya] Hi Jeff, I am trying to help
my brother with child support issues he is having.
1:56:38 PM [Shawnya]
he makes 14.50 and pays 103/per week
1:56:45 PM [Shawnya]
and they just added medical of 60
1:57:01 PM [Shawnya]
how do they go about figuring support
1:57:43 PM [Shawnya]
He is not sure this child is his what is the procedure
at doing a DNA
2:04:21 PM
[Jeff Startzman] First,
there would not be an order for child support unless
there was a finding of paternity. That could be a result
of the father signing the Acknowledgement, or it could
be the result of a paternity case, either administrative
or judicial, where he was found to be the father by
default (failure to respond). If it is the latter, then
he should talk to an attorney about getting relief from
the judgment and possibly a genetic test. As for the
child support order, it is based upon the Child Support
Guidelines, which take into account both parties' income
and computes a child support amount, plus an amount for
medical insurance if available.
1:51:02 PM [Visitor] I would like to know why my
child support was based on IF I worked full time that I
would make $26000.00 a year, when I sent in 3 years of
my taxes and 6 months of my check stubs showing that I
only make $14000.00 a year?? And my ex is unemployed and
he is getting unemployment and they based his income off
his unemployment. I only work part time due to my
husband is on social sercurity and we are on a very
close income so that we can even keep our home!!!! When
my ex who is on unemployment just put an addition to his
home that has cost him over $200000.00, but he can't
afford to pay child support!!!! And they told me that
the addition has nothing to do with his child support.
But he is getting money from some where.
2:00:37
PM [Jeff Startzman]
Child Support orders are based upon the Ohio Child
Support Guidelines. If somebody is unemployed or
under-employed, then the guidelines direct us to impute
income based upon their past work history. Not knowing
all of the facts of your case, I can't say much more
than that. However, if you do not like the computation,
you have the right to appeal that determination. An
administrative order can be appealed to an
administrative hearing. The results of an administrative
hearing can be appealed to a court hearing.
1:41:47 PM [Visitor] Hi, I have a question my
sons father and i had a hearing in front of judge lipps,
for failure to pay child support. He was locked up that
day. The judge told him he had to pay 750 dollars to get
out or serve 60 days in jail. Shortly after he was
arrested, he was let out of jail, I received a child
support payment of 2o dollars. My question is why was he
let out of jail if the judge told him to pay 750 or do
1:42:25 PM [Visitor] 60 days in jail
1:45:15 PM [Visitor] he is supposed to pay 3
hundred something a month for his child support and he
only pays 20 here and there and the judge had saw that
he has only payed 100 the whole year. i have tried to
call my worker but she has yet to return my phone calls.
thanks
1:57:34
PM [Jeff Startzman]
Unfortunately, due to budgetary cutbacks at Hamilton
County, the Sheriff is not able to incarcerate people as
ordered by the court. That does not mean the sentence
goes away, or that he might not have to go back to jail
later. Child Support has no control over this. If you
are still having problems contacting your technician,
please give me a call so that I can follow up on that.
My number is 946-2023.
If you encounter technical problems, please e-mail us at
boehmm@jfs.hamilton-co.org.
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