Question and Answer Child Support Online Chat 7-09-08 (through HCDFS)
Question: A parent diagnosed with BiPolar Disorder for the past 20 years is working but cannot keep a job for that long. The parent has been paying child support but now, because of a recent decline in mental status is unable to work. Parent has applied for SSDI and it is pending, simply the parent cannot afford the child support payments. At this point the parent is behind in payments by $1500.00. Is there anything the parent can do to help in this situation? Is there a way to postpone/reduce payments until SSDI determination is made? Does the court require any supporting documentation of the parent’s current condition?
Answer: The parent needs to immediately seek a modification on the basis that income has declined. Contact Mike Menke at 946-8273 to start the process.
Question: How do you determine what the monthly payments will be, how does hardship & benefits factor in, and is the client able to petition to the court for a lower payment so that they can afford housing while paying back child support?
Answer: Child Support is based upon the Ohio Child Support Guidelines. Although this formula computes a child support obligation, it is what the law calls a "rebuttabal presumption." Therefore, either party can always ask for a deviation to have the support changed due to their circumstances. Only a court can do this.
Question: If after 33 years, you discover you have a child, would you be responsible for paying back child support?
Answer: There is no statue of limitation on paternity cases. Thus, we can and do establish paternity even when children are adults. There is no obligation to pay support after a child is emancipated. If the prior custodial parent wants to seek back support for when the child was a minor, that is an issue that would need to be litigated in the courts.
Question: If the parent has a drug addiction and cannot rightfully take care of the child and gives temporary custody to a parent, friend, etc., are they entitled to receive child support as a temporary custodial parent?
Answer: In Hamilton County, you must have "legal custody" to pursue child support. If this person does indeed have legal custody, then they can request us to establish a support order for them.
Question: Quote” I have been current in paying my child support and arrearage for the last 8 years. There was a payroll error at my job, and they shorted the support by $30. I was unaware of it, until my checking account had been emptied out. When I spoke to the case worker, she stated that child support has an automated system that will withdraw money from my account if I fail to pay. Is there any modifications to that system in the works?”
Answer: No. But you can ask for an administrative review of any seizures if you do not think it was appropriate.
Question: Has anyone looked at setting up a partnership with various companies throughout the city so that "dead beat" Dads can actually find a job knowing that they are going to deduct child support and give them a fair wage to live on? Just a thought, maybe a good idea. We secure jobs for individuals with felonies, why not dead beats?
Answer: Child Support has an arrangement with Super Jobs and we refer under-employed and unemployed obligors to them every week. If somebody wants this assistance, they simply need to go to Super Jobs -- no referral is needed.
Question: I have a children that i have been current in paying child support for, for the last 8 years. I have some arrearage that is left, that is slowly declining. I also have a child in another state that i am current with, but also has arrearage. How is it determined who gets my income taxes\stimulus check?
Answer: When there are two states involved, unless they work together, it is typically a race.
Question: If the father carries Insurance for the children, and participates in assisting the mother with school and other needed items (and keeps the receipts), is he still responsible for child support when he is supporting the child?decrease or stay the same
Answer: If there is a court order to pay a specific amount of money for child support, then the obligor must pay that amount or they can be found in default and all sorts of bad things start happening. If somebody is supporting their child by means other than paying support and the custodial parent agrees with this, they can seek to have their arrears forgiven due to the fact they have provided the alternate support. They should contact their technician to discuss this.
Question: I know a female who’s mother has custody of her child she was given visitation. Wheneer she goes to try to see the child, mother never answers the pohone or the door. The female has brought the police with her and they couldn’t do anything because she wouldn’t open the door. The female is in the process of getting SSDI and can’t afford to pay these fees. What does she need to do?
Answer: She can pursue contempt of court on her own without hiring an attorney and requesting the court to waive any filing fees because she is indigent.
Question: My son has custody of his child, he told the mother that he might move out of town, so my son let the mother keep the child for a couple of months. Now the mother has moved, changed her phone number and there is no way to get in touch with the mothe. What does my son need to do?
Answer: If he has legal custody, then her actions are a crime -- interference with custody. He should contact the police.
Question:. Is there any active unit now that pursues fraud?
Answer: Yes. HCJFS does have fraud investigators. In fact, they are among the best in the state -- based on recoveries.
Question: I am the grandmother of four and do not see my grandchildren unless my sons jump through hoops. Is their any such thing as grandparents rights?
Answer: Yes. There is grandparent visitation in the state of Ohio. Both the parent and the grandparent should pursue visitation in court. This can be done pro se, without an attorney, and the court may even waive any filing fee based upon the income.
Question: If a person is incarcerated for child support, how is jail time determined? If they are incarcerated how are they suppose to pay?
Answer: There are two types of incarceration for child support. Civil contempt can result in the imposition of jail time if the obligor continues to refuse to abide by the court's order. In more rare circumstances, after we have tried everything both administratively and through the civil courts, there is criminal non-support, which can be a felony. Our goal is to collect, not to incarcerate. Incarceration either civilly or criminally only occurs when there is no collection.
Question: What methods are used in Child Support Investigations to locate parents?
Answer: The Internet and the explosion in public records has been a great help in providing location information. Everything from traffic tickets to bankruptcies can be found online as well as MySpace and FaceBook pages, which for some reason people have! We have access to the state and federal parent locator systems, plus our staff utilize other tools such as utility records, court records, Criss-Cross directories...
Question: I am waiting on my ex husbands stimulus check to take care of some of the back support he owes. The money was sent to child support on June 6, but I have not yet received it. I have already talked to the IRS and Financial Managment about it. Any idea on when I may get this money?
Answer: Please call your technician so they can check to see if this intercept has been posted to your account. It also may be held because of a potential injured spouse claim. If you can't get through, and still have questions, call me at 946-2023 (Jeff Startzman) and I will look into it.
Question: How do you determine what the monthly payments will be, how does hardship & benefits factor in, and is the client able to petition to the court for a lower payment so that they can afford housing while paying back child support?
Answer: Child Support is based upon the Ohio Child Support Guidelines. Although this formula computes a child support obligation, it is what the law calls a "rebuttabal presumption." Therefore, either party can always ask for a deviation to have the support changed due to their circumstances. Only a court can do this.