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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.
If you encounter technical problems, please e-mail us at
boehmm@jfs.hamilton-co.org.
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