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Child Support with Jeff Startzman (8-11-09)

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3:02:09 PM [Visitor] To better understand my options, do I need to set up an appointment with you or my case worker?
3:05:05 PM [Jeff Startzman] We cannot give you legal advice, nor do we represent either party. If you wish to file a modification, we will review your request.

3:00:35 PM [Visitor] will the changes in the law you mentioned apply only to new cases? will the new rules trigger recalculation of existing support orders?
3:02:03 PM [Jeff Startzman] It will not automatically trigger any action on a current case. However, either party can come to the CSEA or file a motion with the appropriate court.

2:59:38 PM [Visitor] What about pension/retirement information ~ does there need to be a separate supboena for that too?
3:00:51 PM [Jeff Startzman] This is simply another form of income. It would need to be provided also.

2:56:12 PM [Visitor] Does a supboena automatically happen from your office when you ask for a modification?

2:59:55 PM [Jeff Startzman] No. We do not subpoena records for administrative proceedings. If a party requests a modification, but fails to provide the requested documentation, their  request will be dismissed. If a party fails to respond and send in requested documentation, and they did not ask for the modification, the CSEA will use information in the file or obtained from any employers to make our recommendation.2:51:35 PM [Julie ] My daughter will be 18 on October 15 of this year. We homeschool and she won't graduate until she turns 19. Can I continue to receive support after she is 18 or does it get cut off since she is not in an accredited high school?
2:57:08 PM [Jeff Startzman] Presuming your homeschooling is approved, and that your child will obtain a degree from an accredited high school as a result of her homeschooling, then she would be considered to still be in school. If this is not the case, then she would likely be emancipated. If you receive a recommendation from this agency, you have the right to respond to it to explain the situation.

2:52:09 PM [Visitor] When asking for a modification, why doesn't the obligor have to show not only pay statements or stubs but also their income tax forms? Why can't the IRS directly submit their files?
2:54:49 PM [Jeff Startzman] I don't understand your question. The IRS will not submit any files to anyone, including this agency. If you want to see the other party's tax return, it can be subpoenaed from them or the IRS.

[Question] How is support calculated?
[Jeff Startzman] Under Ohio law, child support is calculated pursuant to the Ohio Child Support Guidelines. This is an income-shares model that is set forth in statute, and calculates how much each parent would contribute to the support of their child(ren). This is then used to determine the amount of child support that one parent would pay the other parent. Currently, Ohio has just done an extensive review of the guidelines, and those recommendations will be headed to the Legislature for consideration. Expect to see some major changes in Ohio law in the future.

[Question] What tools do you have for collecting child support from someone who will not pay?
[Jeff Startzman] Our most powerful tool is wage withholding. We can investigate and find and employer and then send an income withholding directly to the employer to have the child support withheld and sent directly. In addition, we look for bank accounts that we can seize when there is back child support owed. We can also use license suspensions to try to persuade compliance. We routinely report obligors who are in default to the credit bureaus. If we cannot obtain support using these and other administrative tools, then we will file motions to show cause to have the obligor held in contempt of court. Finally, if this civil court action does not result in compliance, our last alternative is to send the case to the Prosecutor's Office for criminal charges for failure to pay support.

[Question] How do I establish paternity?
[Jeff Startzman]  Simply contact the CSEA. And we can mail a packet to you to get the process started. You can also walk in at any time between 7 a.m. and 5 p.m. at our offices at 222 E. Central Parkway. Even if there is some question as to who the father might be, that is not a problem as we can have genetic testing done to determine parentage.

[Question] If I'm a young mother and I want to establish paternity, but I don't need or want support, can this be done?
[Jeff Startzman] Yes. Simply establishing paternity does not require that a support order be established also. It is very important to establish paternity, so that the child has rights of inheritance, social security, medical records, etc.

[Question] If I'm obligor and I've got a big arrears, what can I do?
[Jeff Startzman] Contact us because we want to work with you. Every case is unique, and the facts are often different. We offer job placement services, prison re-entry assistance, and we are willing to work with both obligors and employers to get some child support coming to the children. In my opinion, the worst thing that somebody can do is to ignore the arrears. It does not go away -- ever.

[Question] I saw that you have a new Most Wanted poster. How does that work?
[Jeff Startzman] August is Child Support Awareness Month. We have unveiled our 2009 Most Wanted poster. The individuals on this poster all owe thousands of dollars of back child support, and cannot be located. They also have warrants for their arrest for failure to appear in court. If anybody has any information regarding any of the people you've seen on this poster, please call the Hamilton County Sheriff's Office at 946-5350.

 [Question]  I understand that you are offering amnesty this month. How does that work?
[Jeff Startzman] During the month of August, we are offering amnesty to obligors who have suspended driver's licenses due to not paying child support. Contact the agency, and your worker will work with you to get in a payment or employment information so that we can reinstate your driver's license. Also, during the week of Aug. 17-21, if an obligor has a warrant for their arrest for not showing up in Domestic Relations or Juvenile Court on their child support case, you can come down  to the courthouse at 800 Broadway to have the warrant withdrawn and get a new hearing date on your case.

2:07:18 PM [Visitor] I have her tax returns, but one can't compel production of docs that are claimed to have been lost. I understand that I can request a hearing with hcjfs anytime I think her income has changed, is that not the case?

2:10:24 PM [Jeff Startzman] You can request a modification at any time. The question that will be forthcoming is whether there has been a substantial change of circumstances. That question is answered with the computation of a new child support order. If the amount is not at least 10 percent different, then there is no change in the order. The Ohio Administrative Code limits the CSEA to doing modifications on a case once every three years. There are 14 exceptions listed, so you will need to show why and how there has been a change that justifies a modification.

2:04:06 PM [Visitor] Thanks. Ex has her own business and greatly inflated deductions making her "apparent" income much lower than it should be. The result is that I pay more in support than I fairly should. I can prove some but not all because she conveniently "lost" all of her backup tax documentation for the last 3 years. Would hcjfs be willing to look into this, or am I forced to go IRS and Court route?
2:05:28 PM [Jeff Startzman] I would recommend obtaining a good attorney and filing a motion with the courts. You can compel production of documents from the other party or the IRS, and then cases like this often become the battle of the accountants.

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