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2:55:09 PM
[Kelly] Unfortunately, not what I wanted to hear.
The agreement of the parties is what will never happen.
He has it good in Hamilton County. Those are all of my
questions. Thank you for your time.
2:55:45 PM
[Dan Cade] Your welcome.
Best of luck with everything.
2:48:33 PM [Kelly] One more thing....if you don't
mind.....Can a case be moved outside of Hamilton County?
Or does it have to remain in the County in which it was
originated or where you reside?
2:53:04
PM [Dan Cade]
Normally, the court that issues the child support order
retains jurisdiction over any post-judgment enforcement
actions. Ohio courts have statewide jurisdiction in
child support matters. It is possible to transfer a case
to another Ohio county by agreement of the parties and
the approval of both courts.
2:46:57 PM [Kelly] I guess not. It is just
frustrating. I am doing everything I can to inform CSEA
of his whereabouts, where he works, where he lives, etc.
I feel like I am doing all of the leg work and then I am
told to wait and nothing comes of it. And now with the
economy, what if he loses his job? Child support will go
down if I get anything at all, right?
2:50:15
PM [Dan Cade] As to
efforts to enforce, please continue to work with your
technician. As to situations where the obligor loses
his/her job, he/she will be ordered to pay child
support. Either party may request that their child
support be reviewed for a possible modification. Child
support orders are based on the combined gross income of
the parties. Where one of the parties loses their job,
the court or agency will base child support on any
unemployment benefits that the person receives.
2:32:18 PM [Kathy p Brossfield] That's terrible!
Bankruptcy is public knowlege if someone files. Do you
know of a search engine outside of hamilton county to
check state wide if a person has filed?
2:39:51 PM
[Dan Cade] Although
bankruptcy cases are public, you would be required to
contact and check with each of the bankruptcy courts
across the United States. There are vendors that will
sell this type of information.
2:33:47 PM [Kelly] And one more question... in
other states the Child Support Enforcement Agency allows
the custodial parent to submit expenses (Copays, etc.
pertaining to the child) and they then add that to the
monthly obligation. Is that something Ohio does? Or
would think about doing?
2:37:48
PM [Dan Cade] Ohio
does not permit this. At this time, there is no movement
to do this in Ohio.
2:31:59 PM [Kelly] Yes, how long will CSEA wait
before they seize funds or the later? I have been told
they try not to do that. But how long do you wait for a
repeat offender? My situation, he pays for awhile -
especially before court and/or after showing he is
making an attempt and then it is a partial payment or no
payment at all. You can see that in his history. We have
been back to court numerous times and they did adjust
the monthly obligation by $50.00 a month to help with
the arrearange but if he isn't paying you can tack on
hundreds of dollars and he still won't pay.
2:35:48
PM [Dan Cade] As long
as the obligor is more than 30 days behind in his child
support, then he is deemed to be in default. Once in
default, the CSEA is authorized under Ohio law to take
any and all action to collect on the debt. Whenever we
receive information as to the obligor's sources of
income or assets, then the CSEA will take appropriate
action to seize those funds. In situations where we
cannot locate income or assets, the agency generally
pursues contempt charges.
2:25:09 PM [Kathy p Brossfield] You can't file
bankruptcy on child support can you?
2:29:57 PM
[Dan Cade] Yes. The
federal bankruptcy laws allow continued action to
collect and enforce child support, even though the
obligor has a bankruptcy pending. However, some of our
tools are limited. We can issue income withholdings,
seize federal and state tax refunds, and suspend
professional and drivers' licenses of obligors. What we
are not permitted to do is to file contempt action
against the obligor or seize accounts at a financial
institution when a bankruptcy is pending for the reason
that this would violate the automatic stay provisions of
the bankruptcy code.
2:24:06 PM [Kathy p Brossfield] Thank you I will
contact a tech, would the posters only be local?
2:24:43 PM
[Dan Cade] You're
welcome. Yes, this would be a local poster.
In the past, there was a
statewide poster. However, due to budget cuts, that
might not happen anymore.
I
2:19:16
PM [Kathy p Brossfield] I have been unable to
locate my 2nd ex for 5 years now. I even went to a
private eye to see if he could try to find him. Still no
luck. I have done every search engine possible and still
nothing. I was told by CSEA that there is nothing else
that they can do. He has a felony abandonment and a
felony non-support charge filed. When if ever can I
expect to see him on a billboard on the expressway for
being a dead-beat dad?
2:22:34 PM
[Dan Cade] If attempts
to locate the whereabouts of your ex have been
unsuccessful, it may be possible to place his photo and
name on one of our annual Child Support Most Wanted
posters. To be eligible, the obligor's whereabouts must
be unknown, your approval is needed, and the obligor
does not have a pending bankruptcy action. For more
information, you may want to contact the agency at
946-1000. You may also contact your assigned technician,
who can explain the details.
2:11:54 PM [Kathy p Brossfield] I have 2 children
by 2 different fathers.. Neither one of my ex husbands
pay support. I work full time, obviously, to take care
of my children and since I do so I am penialized and
unable to receive any kind of government assistance. My
1st ex is is arrears about $6 thousand and my 2nd ex is
in arrears about $29 thousand. I have been to court on
this many times with no resolution. WHERE CAN I TURN FOR
HELP??
2:15:46 PM
[Dan Cade] Don't give
up. Continue working with the technician by providing
any relevant information pertaining to the income and
assets of the non-custodial parent. Oftentimes, you have
mutual friends and relatives that may be able to provide
helpful information regarding the obligor that can be
relayed to the technician. The technician will then
follow up and attempt to verify this information and, if
possible, take action to collect upon the debt.
2:05:28 PM [Kelly] I have another question if you
don't mind. What is the process when the non-custodial
parent only pays a portion of the monthly obligation?
Currently, in my situation, I have to call CSEA, I am
told I have to wait 30 days and then call again. Then I
call 30 days later and they tell me they have to send a
postal verification and an employer verification and
then we have to wait so long to get that information. If
they receive the verifications back they send a copy of
the court order to the employer to have the money
deducted from his check and we have to wait. So it could
take a couple months. Is that the current process?
2:10:29 PM
[Dan Cade] The CSEA has
several tools that are available to enforce child
support orders. They include: issuance of income
withholding orders to employers, workers compensation,
unemployment compensation, retirement benefits, and
other sources of income. The primary focus is to locate
a potential source of income for the obligor, verify the
source of income, and issue an appropriate income
withholding order for the payment of the support. The
agency attempts to enforce child support
administratively, meaning the issuance of income
withholding, seizing federal and state tax returns,
seizing accounts at a financial institution, issuing
liens and suspending drivers' licenses. If these actions
are not successful, then the agency will initiate
judicial contempt proceedings. Again, our primary focus
is to locate a source of income, so that support can be
collected. The last resort is to initiate contempt
action.
2:00:25 PM [Kelly] I am the custodial parent. The
non-custodial parent has more than $8K currently in
arrearage and my child is 15. I know there is no way he
will pay the arrearange on top of his current monthly
obligation. I predict that number will grow. I just
wasn't sure if it was my responsibility or my childs to
take action when the time comes. I have been told both.
Thank you.
2:02:23 PM
[Dan Cade] In Ohio,
there is no statute of limitations for collecting unpaid
child support. The CSEA will continue to work the case
in efforts to collect the current and past-due child
support even after the child emancipates,
1:57:09 PM [Visitor] My daughter receives
services from jfs and, her sons father refuse to take
the paturnity test so she is not getting any child
support from him. What can she do about this?
1:58:34 PM
[Dan Cade] The CSEA will
keep the case open and actively pursue the establishment
of paternity and child support. A paternity action can
be done at any time as long as the child has not reached
the age of 23.
1:55:33 PM [Kelly] Would that be something that
my child will have to do? Since she will then be of age?
1:56:35 PM
[Dan Cade] The child
support arrearage is owed to the custodial parent and
the custodial parent has standing to take action to
collect this debt.
1:54:30 PM [Kelly] I have a question...If the
non-custodial parent owes a lot in back child support,
when the child turns 18 will the arrearage just "go
away"? I have been told different things by my numerous
case workers.
1:55:06 PM
[Dan Cade] No. The
arrearage continues to exist and is collectable.
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