Patrice Denman Attorney-at-Law

CLEVELAND, Ohio — More than 16,000 people in Cuyahoga County are eligible to have their driver’s licenses reinstated until Sept. 30 through the Child Support Enforcement Agency’s amnesty program.

Parents whose licenses are suspended for owing child support must pay one month of their child support obligation and at least $50 toward past-due support to get their license reinstated.

Pay with a cashier’s check or money order from 8:30 a.m. to 4:30 p.m. at the agency’s office, 1640 Superior Ave. in Cleveland or pay with cash at the Cuyahoga County Treasurer’s Office, 1219 Ontario St. in Cleveland.

After the amnesty period, delinquent parents must either pay the entire past-due amount owed or one month of support and provide an income source that can be garnished.

Since Aug. 16, when the program began, $78,043.22 has been paid on 254 cases, CSEA spokeswoman Mary Denihan said. The highest amount paid on a single case is $3,885.20.

“Participants are responsible for the $25 driver’s license reinstatement fee required by the Bureau of Motor Vehicles,” Denihan said.

“If participants fail to continue to pay on their child support order after their driver’s license is reinstated, their license will once again be suspended and stricter criteria for subsequent reinstatement will be followed.”

Donna Miller Plain Dealer

Q. My ex-spouse collects Social Security Disability. Can income withholding occur on that check?

A. Yes, there can be income withholding for Social Security Disability and Social Security Retirement benefits. There cannot be a withholding for SSI because those benefits are a form of public assistance.

If you have any other Child Support questions please call our Lake County Ohio Law office and schedule a free consultion.  440-639-1020

Interstate Situations

Q. What if the non-residential parent cannot be found locally?

A. Our office will use multiple resources to attempt to locate the non-custodial parent.  When the non-custodial parent’s social security number is known, the CSEA is able to use the State and Federal Parent Locator Service, the National Directory of New Hires, the Financial Institution Data Match, and the Federal Case Registry to assist in locating the non-residential parent.  The CSEA can also request a child support agency in another state to search for the non-custodial parent. With the increase in automated location tools, it is becoming more difficult for non-paying parents to hide from their child support obligations and the agencies that enforce them.

Q. I’ve heard there is a law called UIFSA. What does this law do?

A. UIFSA (Uniform Interstate Family Support Act) is a law regulating the establishment and enforcement of child support orders where the parents live in different states or where the support order is in a state other than where either of the parents live.

Q. I now live in Ohio but my case started in Michigan. Do I have to open a new case in Ohio?

A. No. If you choose, you may simply continue to work with the child support authorities in Michigan.

Q. I know where my ex-spouse works in another state. How can I get an income withholding?

A. Our Child Support Lawyers can explain the two ways this can be done. They may choose to simply send a withholding order directly to an employer anywhere in the country. If needed, they may also choose to register your support order for enforcement, only in the state where he works.

Q. I was divorced in Ohio but then moved to Tennessee. My ex-spouse moved to Florida and another order was established. Can I enforce both orders?

A. The UIFSA law requires the determining of one “Controlling Order.” See the Determining a Controlling Order part of the Interstate section for a description of the rules for choosing this order. Once that order is determined, it is the only order that can be enforced or modified.

Q. I live in Ohio, but my ex-spouse lives in Nebraska. Can my California support order be modified?

A. Yes. Please call our office to help you. We can register your California support order in Nebraska, which is where the modification will occur. Your order can also be enforced there.

Q. My ex-spouse lives in Oregon and is self employed. What can I do to obtain support?

A. Our attorneys can register your support order in Oregon for enforcement. The child support agency in Oregon will then be able to use all the enforcement tools available under its state law to collect your support.

Q. The CSEA here in Ohio has been trying to enforce my child support order for years but every time the agency locates the non-residential parent and are able to obtain an order for an income withholding, the non-residential parent moves to another state. Is there anything else I can do?

A. Your case may qualify for federal prosecution under the Child Support Recovery Act of 1992 or other federal law. You should discuss this possibility with your our attorneys.

Q. My ex-spouse paid support regularly until last month and then he moved to Europe. Is there anything I can do to get my order enforced?

A. Ohio has reciprocal agreements with several European countries, most Canadian provinces and certain other foreign countries. Some countries may also be able to assist you with enforcement, even though no formal reciprocal arrangements exist. Our Painesville Child Support attorneys can tell you what kind of help may be possible in your individual case. For a list of international child support addresses and phone contacts, please click on International Contact Information.

For more information contact our Painesville Law Firm  at 440-639-1020

Child Support Guidelines Questions & Answers

1.    Q. What are the child support guidelines?

   A. The Child Support Guidelines are guidelines passed by the Ohio legislature which calculate child support orders based upon the financial circumstances of both parents. Use of these guidelines is required for the establishment or modification of all child support orders in Ohio. The amount of child support which is calculated using the worksheets and schedules contained in these guidelines is presumed under the law to be the correct amount of child support in each case.

2.    Q. Are the earnings of both parents considered in setting support?

   A. Yes.

3.    Q. Are there any adjustments allowed for second families in the guidelines?

   A. Yes. The guidelines allow an adjustment equal to the federal tax exemption for each child who is your biological child from another relationship, as long as the child is living with you. If you are the custodial parent of a child, your adjustment will factor in any child support received for that child.

4.    Q. Do the guidelines allow an adjustment for the parent who is paying for child care?

   A. Yes. The guidelines provide a credit for child care expenses for those children included in the order, relating to work, employment training or education.

5.    Q. Is there any allowance for the parent who has to pay health insurance?

   A. Yes. The guidelines provide a credit for marginal, out-of-pocket costs of  health insurance which will therefore affect the amount of the order.

Please call 440-639-1020 for a free consultation with a child support lawyer.

 Every family is different. Ohio laws have recently recognized the limited rights of grandparents and their grandchildren. Protection of the child is always a priority. It is important to know your rights before making any decisions about your family.

Under Ohio law, a court can award visitation rights to a grandparent  during or after a domestic relations proceeding if the grandparent has aninterest in the welfare of the child and visitation is in the best interest of the child.  A court can also award visitation rights to a grandparent if a parentis deceased or the child’s mother was unmarried when the child was born. Before awarding grandparent visitation rights in Ohio, a court must considerall relevant factors, including all factors listed in statute. In 2000, the United States Supreme Court held that a Washington grandparent visitation statute was unconstitutional as applied in a particularcase because it infringed on the fundamental right of a parent to make decisions concerning the care, custody, and control of his or her child. However, a recent  Ohio Supreme Court case determined that this decisiondoes not apply to Ohio and held that the Ohio third-party visitation statutesare constitutional on their face.Grandparent visitation: when granted  Historically, grandparents had no legal right of access to their grandchild, and parents had complete authority to grant or deny the privilege of visitation.

 Ohio has authorized grandparent companionship or visitation rights by statutein three circumstances: (1) when married parents terminate their marriageor separate, (2) when a parent of a child is deceased, and (3) when the childis born to an unmarried woman. In such cases, a court may order reasonablevisitation if it is in the best interest of the child.

PREPARED BY: LAURA SCHNEIDER, LSC RESEARCH ASSOCIATE

REVIEWED BY: MICHAEL O’NEILL, LSC DIVISION CHIEF

A main objective of the Child Support Enforcement program is to make sure that child support payments are made regularly and in the correct amount. While many non-custodial parents are involved in their children’s lives and are willing to pay child support, lapses of payment do occur. When they do, a family’s budget can be quickly and seriously threatened, and the anxiety the custodial parent feels can easily disrupt the family’s life.

In addition to wage withholdings, Ohio law allows the CESA office to utilize other administrative enforcement techniques, which include but are not limited to:

Seizing State and Federal income tax returns Suspending driver’s, professional, and recreational licenses. Imposing liens on real or personal property with the proceeds of the sale being applied to the support debt
Seizing bank accounts Revoking the ability to obtain or renew a passport for out-of-the-country travel
Credit Reporting

Cases can also be referred to the Prosecutor’s Office for legal intervention when support payments are not being made. The non-custodial parent will be summoned to court to show why he or she should not be held in contempt for not paying support as ordered, and depending on the offense, can be sentenced to jail.

Frequently Asked Questions:

Q. Can a wage withholding be requested for my child support payments?

A. Yes. All support orders issued or modified must include a provision for wage withholding.

Q. Can past-due child support be taken from the State income tax refund?

A. Under Federal law, all States with State income tax must offset State income tax refunds for past-due support owed.

Q. Can Federal income tax refunds be offset the same way?

A. Yes, States can request an offset of Federal income tax refunds for past-due support.

Q. The children’s father lost his job and is collecting unemployment compensation. Can child support payments be deducted and sent to me?

A. Yes. Unemployment compensation, and other State and Federal benefits can be withheld for child support.

Q. My children are over 18 and don’t get child support any more, but there is still a $10,000 arrearage owed to me for support that was never paid. Will the CSED collect that money for me?

A. Yes, Child Support Enforcement office is required to collect the back support.

Lawyers at our Painesville firm, Patrice Denman Co. LPA, have been helping clients with divorce and child support proceedings for over 20 years. If you would like to speak with one of our attorneys, please contact our Painesville office for a free consultation.

Credit and Divorce

Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Months later, after Bill neglected to pay off these accounts, all three creditors contacted Mary for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that Mary was still legally responsible for paying off the couple’s joint accounts. Mary later found out that the late payments appeared on her credit report.

If you’ve recently been through a divorce – or are contemplating one – you may want to look closely at issues involving credit. Understanding the different kinds of credit accounts opened during a marriage may help illuminate the potential benefits – and pitfalls – of each.

There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit – whether a charge card or a mortgage loan – you’ll be asked to select one type.

Individual or Joint Account

Individual Account: Your income, assets, and credit history are considered by the creditor. Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any “authorized” user. However, if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), you and your spouse may be responsible for debts incurred during the marriage, and the individual debts of one spouse may appear on the credit report of the other.

Advantages/Disadvantages: If you’re not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse’s income. But if you open an account in your name and are responsible, no one can negatively affect your credit record.

Joint Account: Your income, financial assets, and credit history – and your spouse’s – are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid. A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977).

Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don’t pay them can hurt their ex-partner’s credit histories on jointly-held accounts.

Account “Users”

If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse’s name as well as in your’s (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you – not they – are contractually liable for paying the debt.

If You Divorce

If you’re considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during this time, it’s important to make regular payments so your credit record won’t suffer. As long as there’s an outstanding balance on a joint account, you and your spouse are responsible for it.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. Or ask the creditor to convert these accounts to individual accounts.

By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts to individual accounts. The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation.

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. 

At Patrice Denman Co. LPA we are have over 20 years of Family Law experience.  For a free consultation call us at 440-639-1020