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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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