Ohio Child Support Increase

[kik1999]

What is the name of your state? Ohio

What is the name of your state? Ohio

I just received my recommendation from the CSEA to increase the amount of support I receive for my daughter from $374 per month to $510 per month. I requested the review in November.Obviously it increased and he is not very happy to say the least.

Sorry, I have two questions. There is a box that is checked that reads "A child support obligation of $510.51 per month, plus 2% processing charge for a total of $520.74 effectivve 12/1/2006, for the support of: minor child, dob

Another box is checked that states "Reasonable assumption of obligor's income due to non-cooperation".

Does that mean that he didn't file all of the required paperwork for them to make an accurate calculation of his average income? I provided the last 3 years of income (including 2 years ago of $20k in OT alone which I thought for sure would screw me, but i did this to be fair based on current situations, not necessarily to get an increase!) and those amounts are listed, but only one year of income is listed for him. He does get credit for his one other son (who he is married to the mother, so their is no child support payment for his son).

Also, we have 14 days to request a hearing if we disagree with the findings. He already received one extension to provide the informtion. If he requests a hearing, would he be able to then bring the rest of the information and have it factored in? I have no clue if that would be to his benefit or not, just wondering if this would be a valid reason to disagree in the courts eyes. Also, his wife is expecting another child in March. Since they gave him credit for his son, would they take into considertion the birth of another child if he drags this out? I'm thinking that is his goal.

I obviously don't have a reason to request a hearing. I guess I am just trying to understand what to expect if there is one and on what grounds he would file a disagreement.

Thanks in advance for the help!

 

[Ohiogal]

It means they imputed an income to him. He can dispute the findings. And it would go to court.

 

[kik1999]

It means they imputed an income to him. He can dispute the findings. And it would go to court.

Thank you OG. So if he would dispute it, they would give him another chance to provide the information? They've given him two chances (the first request and then an extension and he still didn't comply).

 

[Ohiogal]

Thank you OG. So if he would dispute it, they would give him another chance to provide the information? They've given him two chances (the first request and then an extension and he still didn't comply).

Maybe, maybe not. Depends on how generous the judge is feeling. He can appeal but that doesn't necessarily mean he would get to present new information.

 

[Mediate]

Also, I noticed that since this is through CSEA and if he appeals it (which is either parents' right), the attorney for CSEA will most likely be at this hearing to defend the agency, since the agency's calculation/finding is what is essentially being appealed, so they will argue the facts. Please note what I bolded because the CSEA attorney will not be there to defend you and that is a misconception many people think...that CSEA will defend you. Wrong. You are on your own.

 

[kik1999]

Does not make a difference

I am not looking for anything other than the facts of how this operates. I'm simply asking how the procedure works since they've obviously imputed an income (by what they have imputed, I'm sure he provided SOMETHING, just not all requested information) due to his 'non-cooperation'. As I stated, I believe he is trying to drag this out so he will get credit for his child that will be born in March. I was inquiring on whether or not he could provide information later (even after he had been provided an extension to do so and STILL did not) to dispute their calculation based on HIS negligence in the first place.

It doesn't matter to me one way or the other what happens to the amount of support. I have simply asked for a review, as both of our circumstances have changed financially and wanted the assesment based on what is fair based on our current situation(s).

Thank you for the information Ohiogal.

 

[kik1999]

Also, I noticed that since this is through CSEA and if he appeals it (which is either parents' right), the attorney for CSEA will most likely be at this hearing to defend the agency, since the agency's calculation/finding is what is essentially being appealed, so they will argue the facts. Please note what I bolded because the CSEA attorney will not be there to defend you and that is a misconception many people think...that CSEA will defend you. Wrong. You are on your own.

And on a personal note, neither one of US should be defended....this is for our child, not for him or I.

 

[kik1999]

Update

I received a notice in the mail for an Administrative Adjustment Hearing scheuduled for 3/1/07. I did not dispute the initial hearing amount set by th CSEA, so I assume the NCP did. It states, "Each party shall be given the opportunity to present evidence and testimony to support his/her contention that the CSEA did not correctly evaluate the parties' income".

Since I am not contesting their findings, do I need to bring any additional information than what I have already provided to them? Do I need to bring copies of WHAT I provided to the Agency the first time around?

This also states that "Failure to appear for your hearing a second time shall result in the recommendations being deemed final". The NCP is the one who did not provide the information requested, and again, I am satisfied with their findings. Is it mandatory that I appear? I don't want to screw this one up, although I'm not so happy about having to miss a day of work due to his negligence in the first place by not providing the Agency with the requested information. As I stated before, I suspect he is trying to drag this out so he gets credit for the child that will be born in a couple of weeks, since Ohio does consider subsequent children, even though he is married to the mother of this child.

Thank you in advance for help!

 

[GrowUp!]

Since I am not contesting their findings, do I need to bring any additional information than what I have already provided to them? Do I need to bring copies of WHAT I provided to the Agency the first time around?

No, just bring what you provided. You will not be able to introduce stuff that was not originally brought up during the support hearing. Since your ex asked for the hearing, the burden of proof is on HIM and the agency will have their attorney there to defend the support calculation.

This also states that "Failure to appear for your hearing a second time shall result in the recommendations being deemed final". The NCP is the one who did not provide the information requested, and again, I am satisfied with their findings. Is it mandatory that I appear? I don't want to screw this one up, although I'm not so happy about having to miss a day of work due to his negligence in the first place by not providing the Agency with the requested information. As I stated before, I suspect he is trying to drag this out so he gets credit for the child that will be born in a couple of weeks, since Ohio does consider subsequent children, even though he is married to the mother of this child.

Yes, you should show up, since you are also a party to this order, along with CSEA.

He can drag it out all he wants, although I have talked to quite a few workers from CSEA's who said that parents SHOULD take advantage of the appeal process awarded them, as they admit that CSEA's can make mistakes (yeah, shocking SOME OF THEM admit this LOL).

Now, When he has another child, he will have to file for a modification at THAT time as the child was not yet born on the date of the support hearing, which is when the amount ordered goes into effect.

 

[kik1999]

No, just bring what you provided. You will not be able to introduce stuff that was not originally brought up during the support hearing. Since your ex asked for the hearing, the burden of proof is on HIM and the agency will have their attorney there to defend the support calculation.


Yes, you should show up, since you are also a party to this order, along with CSEA.

He can drag it out all he wants, although I have talked to quite a few workers from CSEA's who said that parents SHOULD take advantage of the appeal process awarded them, as they admit that CSEA's can make mistakes (yeah, shocking SOME OF THEM admit this LOL).

Now, When he has another child, he will have to file for a modification at THAT time as the child was not yet born on the date of the support hearing, which is when the amount ordered goes into effect.

Thank you, GU, for your response! Now, should I bring the documents that I have already supplied them with? Will I need to speak if I agree with their findings? Obviously, I just want to be as prepared as possible.

Thanks!

 

[fairisfair]

Thank you, GU, for your response! Now, should I bring the documents that I have already supplied them with? Will I need to speak if I agree with their findings? Obviously, I just want to be as prepared as possible.

Thanks!

Yes, you should still bring copies of everything that you supplied the first time, as well as anything new. As was stated though, you will most likely not be required to supply any additional information. It is always better to be over prepared than under. Child support is really a question of numbers, it is unlikely that you will be asked to speak on any issue other than to answer any questions that may arise regarding your income information.

 

[kik1999]

Yes, you should still bring copies of everything that you supplied the first time, as well as anything new. As was stated though, you will most likely not be required to supply any additional information. It is always better to be over prepared than under. Child support is really a question of numbers, it is unlikely that you will be asked to speak on any issue other than to answer any questions that may arise regarding your income information.

Thank you so much for your help! This is the first time we've been to court regarding anything since our divorce 6 years ago. I guess I consider myself lucky that this is the only thing we've had to address.