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Child Support with Jeff Startzman (4-29-09)

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2:56:03 PM [Ms Brooks] ok thanks
2:56:14 PM [Jeff Startzman] You're welcome.

2:53:13 PM [Ms Brooks] because he owes like 6,ooo in child support and he is not disable and can work he states that he cant get a job bc of his record i just think hes lazy!
2:55:24 PM [Jeff Startzman] We have specialists at our Super Jobs Center who help people find employment, even if they have past felonies on their record. You can tell him about this. Often times, our courts will order obligors to go to Super Jobs to get assistance finding employment.

2:49:53 PM [Ms Brooks] If my son's father and I just went to court in March and he was found in contempt he paid the purge amount to get out of jail, however he has not paid any child support since then so my question is how long would i have to wait until i can file another contempt
2:52:06 PM [Jeff Startzman] Call your technician to talk about your case. I do not want to state a timeframe because every case is different. In other words, if he has made payments at times in the past but is now disabled, that would be different than somebody who can work but never pays, unless they're in court.

2:43:29 PM [SHERYL DRUMMOND ] OH OK THEN, BUT SO THEN IF ARREARAGE IS OWED THEN THAT IS THE ONLY THING THAT MY CHILD DAD WILL BE OBLIGATED TO PAY
2:45:32 PM [Jeff Startzman] Any arrearage must be paid in full. It does not go away just because a child is emancipated.

2:37:08 PM [Visitor] ALSO I HAVE BEEN GOING TO COURT DUE TO NON PAYMENT OF SUPPORT, BUT IT SEEMS THAT THE JUDGE/MAGISTRATE IS NOT REALLY MAKING A REALLY BIG DEAL OUT OF THE LACK OF PAYMENTS FROM MY CHILD DAD, SHOULD I GET A LAWYER, AND IF SO, WILL THE COUNTY REFER ME TO ONE?
2:44:17 PM [Jeff Startzman] You certainly have the right to hire your own attorney. The court will not treat the case any differently because you have private counsel. The judges and magistrates try to use the leverage of contempt to get payments coming in for children. It is a difficult decision as to how many chances and how many partial payments are permitted before a sentence is imposed.

2:34:35 PM [Visitor] THIS QUESTION IS CONCERNING CHILD SUPPORT: IF MY SON GO TO COLLEGE WILL HIS DAD STILL PAY CHILD SUPPORT OR WILL IT STOP WHEN HE TURNS 18 AND IF CHILD SUPPORT DO CONTINUE AFTER HIGH SCHOOL WILL IT THEN STOP WHEN HE COMPLETES COLLEGE?
2:41:42 PM [Jeff Startzman] Child Support terminates when a child is emancipated. Under Ohio law, a child is emancipated when the child reaches 18 years of age and finishes high school. Unless your court order specifically states that the father is to continue paying through college, the obligation will end at the typical emancipation age.  

2:34:31 PM [Visitor] I've been divorced for 10 years & we have shared parenting of my daughter is will be 12 next week. No child support has ever been paid by either of us, but I lost my job & found another one making 45,000 less a year. Can I go back for child support?

2:39:03 PM [Jeff Startzman] Yes, child support is calculated under the Ohio Child Support Guidelines. Even when there is shared parenting, the guidelines are used. If you have had a substantial change in income, this can justify a modification of the child support order. In your case, from zero dollars per month to an actual order amount.

2:34:33 PM [Visitor] Per my union contract, we have to take 10 days furlough. Will I still owe child support for the time I do not get paid?
2:36:58 PM [Jeff Startzman] Yes. Child support does not terminate unless the court stops it. You may want to seek a modification (get it lowered), if this furlough has not been calculated into the child support order. Your loss of income might be enough to be considered a substantial change of circumstances. Also, if you are on a withholding order, and there is no check for a week or two, and thus no withholding, you should make manual payments on your obligation so you do not fall behind and get in default.

2:31:54 PM [Visitor] The amount the mother pays in health insurance - will she be required to provide proof of the amount or can she just claim anything?
2:33:31 PM [Jeff Startzman] Both parties should bring documentation outlining their income and expenses to the hearing. These typically include paycheck stubs, receipts for child care, etc. Parties can often testify to other facts, but any testimony is subject to review and verification.

2:30:03 PM [Visitor] Also, once they determine support at the administrative hearing, is it final? Do I cut a check right then? or will I have an opportunity to review and respond to it or?
2:31:16 PM [Jeff Startzman] No. It is not final. Either party has the right to appeal the calculation to the court. If that is done, then a hearing will be scheduled before a magistrate to review the calculation and listen to the testimony of both parties and view their evidence.

2:26:15 PM [Visitor] Another question re: self employment, when calculating child support, does the state use gross or do they take any of my expenses into account?

2:28:54 PM [Jeff Startzman] This is a somewhat complicated question. The Child Support Guidelines do recognize things such as expenses and depreciation for businesses. These definitions within the Ohio Revised Code are not the same as they are in the Internal Revenue Code. Therefore, the income the IRS says you made and owe taxes on, may not be the same income calculated under the Child Support Guidelines.

2:13:27 PM [JEANETTE] WE ARE ALSO OWED OVER 11, 000.OO FROM THE FATHER CAN WE COLLECT THIS ALSO? IF WE GIVE THE BABY BACK TO THE MOTHER?
2:14:28 PM [Jeff Startzman] Yes. His obligation to pay you support will stop also, but the arrears owed to you will remain until paid in full.

2:10:53 PM [JEANETTE] THERE IS NO CASH ASSISTANCE INVOLVED, BUT WE STILL WOULD LIKE TO GET PAID THE MONEY THAT IS OWED TO US. SO ANOTHER WORDS IF WE GIVE BACK CUSTODY TO HER, AND STOP ANY FURTHER ARREAS CAN WE STILL COLLECT ON WHAT IS OWED TO US
2:13:12 PM [Jeff Startzman] Sure. You do not have to forgive any arrears owed to you. When you no longer have custody, the child support obligation to you will terminate. If anything is owing at that point, those will be the arrears that we will continue to collect until paid in full.

2:10:24 PM [Visitor] Also, I am married and file my tax return jointly with my wife. She makes more than I do, does the county exclude her income from the child support calculation?
2:11:36 PM [Jeff Startzman] Yes. Your spouse's income is not considered your income under the Ohio Child Support Guidelines. They will deduct her portion from any joint return.

2:06:48 PM [Visitor] I am self employed and will be attending an administrative hearing to establish support. My income flutuates from year to year. How does the county take my income into account - 3 year average, last year only?
2:10:17 PM [Jeff Startzman] You are correct. Three-year average is what the Ohio Child Support Guidelines use to calculate income of self-employed.

2:06:34 PM [JEANETTE] OK, THANK YOU. WE AHVE ANOTHER SITUATION. WE HAVE CUSTODY OF OUR GRANDDAUGHTER ALSO. WE ARE THINKING ABOUT GIVING HER BACK TO HER MOTHER. THE MOTHER HAS SHOWN MUCH IMPROVMENT AND NOW HAS A JOB, AND BEEN UP TO SEE HER BABY EVERYDAY. SHE DOES STILL OEW US MONEY FOR ARREAS. IF WE GIVE HER BACK AND STOP THE SUPPORT, IS SHE DTILL OBLIGATED TO PAY THE ARREAS THAT IS OWED TO US?
2:08:33 PM [Jeff Startzman] If the arrears are owed to you, and not assigned to the State because you received cash assistance for the child, it is perfectly permissible to forgive and forget those arrears. We have a process in place to do that, and are able to set up a telephonic hearing to accommodate you. Please call 946-7387 and request this if you need to.

2:02:18 PM [JEANETTE] THER IS ARREARS, BUT THEY STILL KEEP ADDING A NEW MONTHLY TOTAL, MAKING IT HIGHER AMOUNT, BUT THANK YOU
2:03:28 PM [Jeff Startzman] They will keep the wage withholding in place until the arrears are paid. But you still want to have the child emancipated so the overall support will stop.

1:56:00 PM [JEANETTE] WE ARE STILL RECIEVING CHILD SUPPORT FROM MY STEP DAUGHTERS MOTHER. WE HAVE FILLED OUT ALL THE NECESSARY PAPER WORK TO HAVE IT STOPED DUE TO THE FACT THAT SHE TURNED 19 IN FEBRUARY, 2009 AND JUST FINISHED HIGH SCHOOL IN FEBRUARY ALSO. THEY ARE STILL ADDING HER MONTHLY PAYMENTS. THIS SHOULD OF STOPPED ON FEBRUARY 19, 2009. AS FAR AS I KNOW THE OTHER PARTY HAD NOT CONNECTED YOU. WE DID ARE PART. WHO'S RESPONSIBILTY IS IT NOW?
1:58:28 PM [JEANETTE] I JUST SENT IT IN

1:59:53 PM [Jeff Startzman] Please contact your technician by calling 946-7387 and discuss this with them. If there are no arrears, they will want to terminate any wage withholding, and then send the recommendation to emancipate the child to the court's attention.

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