Today's topic

Employment services with Jeff Startzman about Child Support (3-18-09)

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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.

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