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Child Support with Dan Cade (6-17-09)

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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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