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MONTGOMERY COUNTY CSEA: NEW CUSTOMER ORIENTATION August 29, 2012.

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Presentation on theme: "MONTGOMERY COUNTY CSEA: NEW CUSTOMER ORIENTATION August 29, 2012."— Presentation transcript:

1 MONTGOMERY COUNTY CSEA: NEW CUSTOMER ORIENTATION August 29, 2012

2 The Top 10 Things That I Should Know About My Child Support Case

3 How Do I Make or Receive my Support Payments?

4 How Can I Make or Receive My Support Payments?  In Person: Reibold Building 14 W. 4 th St. Dayton, Ohio (3 rd floor)  On-Line:  By Mail: CSPC P.O. Box Columbus, OH  Direct Deposit into a Bank Account  Ohio e-QuickPay Card To Make Payments:To Receive Payments:

5 How Does Wage Withholding Work?

6  Employers are responsible to begin deducting child support immediately but must begin no later than the first pay period occurring 14 business days after they receive the withholding notice.  Employers must submit the funds within 7 business days from the date they are withheld.  Support is withheld based upon the employer’s pay cycle (monthly, semi-monthly, bi-weekly, weekly).

7 How Does Wage Withholding Work?  Under state and federal law, an employer cannot terminate an employee due to child support withholding.  It is very important to report any new employers to the Agency ASAP to avoid building an arrears.  Obligors are responsible for making payments whenever withholding is not in place even at the beginning of the order.  Any direct payments are considered gifts.

8 How Does Wage Withholding Work?  If your income/employment situation does not allow for employer based wage withholding, the Agency can also set up a monthly automated deduction with your bank or other financial institution.

9 How Does Wage Withholding Work?  The Consumer Credit Protection Act (CCPA)  Under Federal and State law, there are limits to the amount that can be withheld from earnings. From the income left after making mandatory deductions (taxes, Medicare, etc.), an employer cannot withhold more than: 50% if the Obligor is supporting someone else; 60% if the Obligor is not supporting someone else; An additional 5% if the Obligor is 12 weeks or more in arrears.  The CCPA has no effect on the order amount. It only applies to what can be withheld by an employer.

10 How Are Support Payments Applied To My Balance?

11  When payments are received from Obligors, they are applied in the following order. (Referred to as the payment hierarchy):  Current Support (no matter who it is owed to);  Arrearages owed to a parent or caretaker;  Arrearages owed to the state; and  Processing charges (2% fees).  This hierarchy may be different if the payment is a tax intercept.

12 How Are Support Payments Applied To My Balance?  Due to this hierarchy, amounts received by Obligees can sometimes vary.  The payment history that is available on-line will show how and to whom payments were distributed.

13 Why Is It Important To Update the CSEA About Changes In My Life?

14  You should contact the CSEA whenever any of the following events occur:  You have a new address or telephone number;  You have a new job;  You lose your job or have a 30% change in income;  You experience a health issue that prevents you from working for more than 30 days;

15 Why Is It Important To Update the CSEA About Changes In My Life?  You should contact the CSEA whenever any of the following events occur:  You become eligible, lose, or change health insurance;  There is a change in the legal custody of a child;  Anytime you receive mail from the CSEA that requests contact or that you don’t fully understand.

16 Why Is It Important To Update the CSEA About Changes In My Life?  Anytime any of these events occur, it is extremely important that you contact the CSEA. These events can greatly effect your case, and failure to contact the Agency can result in:  Large Arrearages;  Large Overpayments;  Loss of legal rights and remedies.

17 What Is The Best Way To Contact The CSEA?

18  In Person  Montgomery County - CSEA 14 W. Fourth Street P.O. Box 8744 Dayton, Ohio  Lobby Hours  Montgomery County - CSEA 8:00 a.m. - 4:30 p.m.

19 What Is The Best Way To Contact The CSEA?  On-Line  Chat On-Line With A CSEA Specialist Monday-Friday 8:00 a.m.-5:00 p.m.  Case specific address, employment, health insurance and financial history information. Print a child support payment history whenever you need it.

20  By Phone  Agency Call Center Hours  Agency Call Center Hours 10 am to 4 pm: Monday- Friday Voice: or Fax: or  For Payment Information Voice Response Unit (VRU) 24 hours, 7 Days a Week Have your SSN & PIN ready What Is The Best Way To Contact The CSEA?

21 How Was My Support Order Calculated?

22  All child support orders in Ohio are calculated by the Ohio Child Support Guidelines.  The Ohio Child Support Guidelines are the statutory formula that determines, based upon income, how much child support a parent should pay.  The amount of child support calculated by the guidelines is presumed to be correct unless proven otherwise.  The guidelines are a federal requirement, and must be reviewed every 4 years to make sure they adequately provide for the needs of children. How Was My Support Order Calculated?

23  Ohio uses the Income Shares Model in their guidelines. It is a formula based upon the idea that the child is entitled to the same level of financial resources that the child would have received if the parents remained together with combined financial resources.  The Income Shares model assumes that the parents should share in the responsibility for the financial support of the child in proportion to their income.  Ohio’s guidelines assign a support amount to each parent, but the non-custodial parent will be ordered to pay their support amount to the custodial parent. Ohio law presumes the custodial parent’s portion of support is being spent on the child. How Was My Support Order Calculated?

24  Deviations from the Guidelines  Parents may show evidence that the guidelines support amount is “unjust, not appropriate, or not in the best interest of the child” based upon the factors listed in the law. If a court agrees, they may deviate from the guideline support amount.  Only a court can award deviations — not the CSEA. How Was My Support Order Calculated?

25 How Can My Support Order Be Changed?

26  Child support orders can be changed or modified in two main ways:  Judicial Modification- a motion is filed directly with the court that issued the original child support order.  Administrative Modification- a request is submitted to the CSEA that administers the order. How Can My Support Order Be Changed?

27  Judicial Modification:  Filed directly with the court (Juvenile or Domestic Relations), and there are no pre-requisites for filing.  This is done privately and does not involve the CSEA (with some exceptions).  Filing fees are generally required. How Can My Support Order Be Changed?

28  Judicial Modification Continued:  The filing party can specify whether they are requesting an increase or decrease in the amount of support.  Issues, other than child support, can be addressed at the same time (custody, visitation, tax credits, etc.), and the courts can deviate from the guidelines. How Can My Support Order Be Changed?

29  Administrative Modifications  One of the parties must submit a request to the Agency.  There are no fees, but the case must qualify for the modification. 3 years from the last calculation, or A substantial change in circumstances (14 circumstances that qualify) How Can My Support Order Be Changed?

30  Administrative Modifications Continued  The Agency’s recommendation is subject to adoption by the court that issued the original support order.  The Agency’s support recommendation may increase or decrease the support amount.  The Agency cannot award deviations and are bound by the Ohio Child Support Guidelines. How Can My Support Order Be Changed?

31 How does Medical Support & Health Insurance Work?

32  In addition to financial support, parents are also required to provide for the medical needs of their child.  A child support order will address the child’s medical needs in the following ways:  An order regarding private health insurance, and  An order regarding cash medical support. How does Medical Support & Health Insurance Work?

33  A Health Insurance Order  Either one or both of the parents will be ordered to carry private health insurance if it is available to them at a reasonable cost (5% of gross income or less), and it is accessible (primary care is available within 30 miles of the child’s home).  Either party can agree to carry the insurance if it is more than 5% of their gross income.  A spouse can provide private health insurance for the child. How does Medical Support & Health Insurance Work?

34  A Health Insurance Order Continued  Fully subsidized coverage through Ohio Medicaid (including Healthy Start or CareSource) is not considered private health insurance. How does Medical Support & Health Insurance Work?

35  Cash Medical Support Order  Federal and state laws require that child support orders address how the child’s health care needs will be met when private insurance is not available.  When private insurance is not available, the Obligor will be required to pay cash medical support. A cash medical support order is contained in every order since the fall of 2008, but is only paid if private health insurance is not being provided as ordered.

36 How does Medical Support & Health Insurance Work?  Cash Medical Support Order Continued  Cash medical support will be set at $0 if the Obligor’s income is less than 150% of the federal poverty level for an individual.  Cash medical support will be assigned to the State of Ohio if the child is receiving coverage through Ohio Medicaid.

37  Cash Medical Support turns off and on based upon the dates the child is covered by private health insurance.  Therefore, parents must contact the Agency whenever the child’s private health insurance situation changes to avoid large arrearages or overpayments. How does Medical Support & Health Insurance Work?

38 What Can Happen If My Support Isn’t Paid?

39  If an Obligor is not paying their child support order, the Agency can utilize both administrative and judicial remedies to encourage payment.  The goal of most types of enforcement is always compliance- not punishment.  If an Obligor cannot pay their support order, their first step should be to contact the Agency. What Can Happen If My Support Isn’t Paid?

40  Administrative Enforcement Actions Include:  A default determination and collection of an additional arrearage payment equal to 20% of the current support amount;  Credit Bureau reporting;  Liens on property;  Bank account seizure;  Passport denial;  Intercepting lottery winnings and tax returns as well as other lump sum payments;  License suspension (recreational, profession, driver’s). What Can Happen If My Support Isn’t Paid?

41  Judicial Enforcement Actions:  Initial findings of contempt generally result in sentences of 30 days in the county jail. The sentence can be suspended on the condition that current and timely payments are made on the child support account. Furthermore, the Obligor will have an opportunity to “purge” the contempt by complying with the support order and making an additional payment on the arrears. What Can Happen If My Support Isn’t Paid?

42  If current and timely payments are not achieved, the Agency will seek to “impose” the jail sentence. If the Obligor is sent to jail, they can usually be released by making a substantial payment.  In the most severe cases of non-payment, the Agency can refer the case to the Montgomery County Prosecutor’s Office to seek “criminal non-support” charges which could result in a felony conviction and a prison term. What Can Happen If My Support Isn’t Paid?

43 What Other Programs Do You Offer That Can Help Me?

44 BONUS: What Can’t The CSEA Do For Me?

45  The CSEA Cannot:  Discuss, decide, or enforce custody and/or visitation;  Award or enforce tax credits for the child;  Award or enforce medical expenses (unless the court has specially ordered the Agency to do so);  Deviate from the Ohio Child Support Guidelines; BONUS: What Can’t The CSEA Do For Me?

46  The CSEA Cannot Continued:  Grant divorces or adoptions;  Investigate allegations of child abuse;  Require an accounting of how child support is spent by the custodial parent;  Provide case specific legal advice. BONUS: What Can’t The CSEA Do For Me?


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