Support Payments and The Support Enforcement Agency

In Ohio, Do Support Payments Have To Be Made Through The Support Enforcement Agency?

Do child support/spousal support payments have to be made through the Child Support Enforcement Agency (CSEA) or through the Ohio Child Support Payment Central (OCSPC)? This question is generally answered with a resounding “Yes”! There are many reasons for the involvement of the CSEA and the OCSPC.

What do the CSEA and OCSPC stand for? What role do they play in Support Payments?

Each county in the State of Ohio has its own Child Support Enforcement Agency (CSEA) charged with keeping accounts and payment histories for each child support/spousal support order involving children or ex-spouses residing in that particular county. The Ohio Child Support Payment Central is an agency located in Columbus, Ohio. It was created by the Ohio Department of Job and Family Services in response to Federal legislation mandating the implementation and operation by each state of a disbursement unit for collecting and disbursing child support and spousal support payments.… View Full Article → “Support Payments and The Support Enforcement Agency”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

In Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).… View Full Article → “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support

Tucked deep into the recently passed state budget is a new provision that will reduce driver’s license suspensions of alleged “deadbeat” parents.  Currently, a parent owing more than a month in child support faces the possibility of the loss of his or her driver’s license and professional licenses. Under current law, neither the courts nor the Child Support Enforcement Agency can grant limited driving privileges for occupational purposes on a child support license suspension.

The new law, codified in Ohio Revised Code Chapter 3123, which went into effect on September 28, 2011,  provides that parents who pay at least half of their court-ordered child support will no longer face suspension of their driver’s or professional licenses. Another provision will allow parents to have prior suspensions for failing to pay child support removed from their driving record. Benjamin Johnson, spokesman for the Ohio Department of Job and Family Services, said that under the new law, county child-support enforcement agencies must look back 90 days to see if a parent has paid less than 50 percent of his/her child support obligation.… View Full Article → “ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support”

Non-Payment of Child Support May Result in Denial of a Passport

Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport.  Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and the passport request is denied.

To learn more, click here to go to the U.S. State Department’s Travel Abroad website to read about the mandatory process that must be undertaken before any passport application will be processed. You need to make arrangements to pay the State Support Enforcement Agency where child support is owed BEFORE you submit your application for a U.S.… View Full Article → “Non-Payment of Child Support May Result in Denial of a Passport”

Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio

In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents.  In today’s society, people are much more mobile.  Persons move to find employment, attend college, or due to military assignments.  Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area.  Some of those persons are parents of minor children.  So, if Post-Decree problems occur, to which Court do they go for help or assistance?

I should explain that “Post-Decree” refers to situations which occur after the parties’ Final Judgment and Decree of Divorce or after the parties’ Decree of Dissolution of Marriage have been filed.  So, the parties’ marriage has ended but issues may continue regarding spousal support, child support, parenting time schedules, transportation, etc.   … View Full Article → “Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio”

The Importance of a “Correctly Completed” Affidavit of Financial Disclosure

The Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters.  If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions.  In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.

In a divorce, which is an adversarial proceeding, one party may be requesting spousal support and/or child support.  In Montgomery County, Ohio, it is especially important to complete the Affidavit of Financial Disclosure because the Court relies upon that information when issuing its Temporary Order for Custody and Support.  … View Full Article → “The Importance of a “Correctly Completed” Affidavit of Financial Disclosure”

Contempt Remedies for Non-Compliance with Court Orders

Factual Scenario:  The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court.  But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries.  There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees.  In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry.  … View Full Article → “Contempt Remedies for Non-Compliance with Court Orders”

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