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Messages - williaer

#11
Child Support Issues / RE: Child Support Woes
Aug 25, 2006, 06:11:53 PM
I would say there has been no change in circumstances tha would warrant a review of the child support. Is there no guidline for it. Did you take the federal tax deduction for your child, that will adjust his income downward some- making the total income less.

this really sucks and I would say, if you can find any way to swing it- get an attorney. We went through something similar with my Dh's ex and my parents helped us to get an attorney and we ended up getting the child support cut in half and the right to claim her as a tax deduction. It can happen- it just takes perserverance.

Are the kids in any kind of child care? If not then what would be the grounds for her getting more money?

GOOD LUCK!
#12
You should call your child support case worker right away and file an objection to the witholding. There is something wrong with that. You shouldn't beliving in poverty with two children. He helped make them and should help support them. this is coming from the wife of an obligor...raising a child/children is 50/50...everyone contributes. Don't jsut accept it- question it. You have the right to appeal.
#13
We just went through something kind of similar. My DH was unfortunately downsized and they never terminated the orders to his employer, so they took from his severance and unemployment checks. I finally got fed up and faxed the caseworker a nasty note and attached a letter and sent it to his boss- with a timeline attached. They did everything I asked int he letter by the timeline I set, it was amazing. PP told you they hate it when you go over your heads- in our case, that was exactly right- the letter we got back from them had his signature and his supervisors on it.
Be firm, forceful and keep after them. You won't get the money back- let that go- but you can make sure they credit you properly. I will paste the contents of my letter on here, you can use that to help you. FAX it- do not July 31, 2006

---this is the letter to his SUPERVISOR--------
Do NOT mail it- FAX it!!!

RE:  L. W
Obligor




Dear Ms. Mu,

I have been in contact contact my case worker concerning a rather large issue we are having with my child support case.

As of 7-14-06, I owed $3.20 for the remainder of the month of July, according to the SETS phone-in system. I was, unfortunately downsized from my employment and I promptly sent a "change of employer" form to my caseworker via fax. I called to confirm with him that the child support would now be deducted out of my unemployment compensation, and he stated "Yes, the witholding notice has already been sent". This was the week of July 17th.  I received the new withholding order that was sent to Unemployment and it was inaccurate. He had listed a payment on arrears that didn't exist. I contacted him about this, he stated that a "new withholding order had already been sent out", and confirmed that the termination order had also been sent to my former employer. I never received a copy of the amended order or the termination notice.

The obligee then received checks from my unemployment compensation in the amounts of $68, $74 and an additional $74 this week. This was obviously an overpayment of $212.80. I understood that they received the order and had to pay it according to the law, however, when I checked the SETS system, the "amount due for the month", had only decreased to $2.00.

As of Friday morning, when I received a portion of my severance payment from my former employer, the obligee will receive an additional $155, because my case worker never sent the termination order to my former employer. I contacted payroll and they stated that they had only received a new order, reducing the payment to the current ordered amount, not a termination as he stated he sent.

So we are now up to $367 in overpayment on this child support order. My case worker has repeatedly lied to me about actions that he has taken in this case. I have no problem paying my child support. I feel that I am responsible for the care and maintenance of my child, however, I have a second family at home, with a child on the way, and we are trying to survive on my unemployment compensation until I can find employment again.

I would ask that you personally respond with whatever remedy is available to me, since this situation will only continue to escalate, as I am paying child support on a case that has essentially no money due until September, on a weekly basis. By the end of August alone, I will have overpaid by $442. Mr. Allen says that I will have a "credit" that will be used when the order is complete...in 9 years. I feel that is is very unfair that my family should be punished because he did not do his job.

I understand that mine is not the only case he deals with, however he made it very clear to me that he had terminated the original order and sent a proper witholding notice to Unemployment- neither of which he has done.



Thank you in advance for addressing this very important issue,

 L. W



(61
(614

~I have been informed by my attorney that the only other remedy, if your office will not correct Mr. Allen's error, is to file a complaint in the Common Pleas Court. I would like to avoid this remedy, but will pursue it, if a fair and equitable solution cannot be reached.

Obligee: S
Child:
DOB:



----this is the letter I sent to him_--------

July 31st, 2006


Christopher
 County CSEA



RE:  L. Wi
OBLIGOR

Dear Mr. Allen,

Per our conversation this morning, I wanted to outline, in writing, what we agreed the next steps will be regarding my child support order that you case manage.

1.   You agreed to immediately forward to my former employer a "termination" notice, so that they will STOP taking payments from my severance:
Here is the name and address, so that there is no confusion:
Association
Columbus, Ohio 43215

Since this has been an on-going mistake that you have made, I would assume this will be taken care of before Thursday and anticipate a copy of this termination order also being sent to my home address, by Friday of this week (8-4-06) , which you have on record.

2.   You agreed to send an amended withholding order to  Bureau of Unemployment Services, so that they will stop taking out payments for arrears that do not exist and have not existed in months, again I will include their address, so that there is no confusion:
Ohio Department of Jobs and Family Services
Office of Unemployment Compensation
PO Box 182404
Columbus, Ohio 43218
(614) 466-2319

I would also request that a copy of this new withholding order be sent to my home address, by Friday of this week (8-4-06),so that I can be assured that this has been taken care of.

In addition to these documents I want a copy of the child support payment print out from the last 2 months, with a letter from you that states the amount of my "credit" for all of the monies that have been taken out of my pay in error, due to your negligence, mailed to my home within the next 2 weeks. I will be requesting these on a monthly basis, to assure that I am given the proper amount of credit, considering I called you multiple times to make sure that this wouldn't happen. I don't believe this is an unreasonable request, considering the cooperation and diligence I have shown in making sure you had all of the information you needed to make sure this issue didn't arise.


Thank you for your PROMPT attention to these matters,


 L. W


cc.Sharon , Director




#14
Glad you busted it before I did. Let me tell you what happened to my DH. He worked for the State of Ohio. He cashed out his retirement and they didn't garnish it for CS...imagine that. Almost a year later we get cc'd on these letters from CS to the State retirement people and they made the STATE pay the full amount of the child support arrears at that time. Amazing. We got out of severl thousand dollars in back CS that way.

Those things only happen once in a great while, though. Good luck.
#15
I understand. My DH  will eventually make way more money than he does now- and I constanly worry that the "3year" mark is coming up..in Ohio it can be reviewed every 3 years no matter what- and that we will get very,very hosed. Are you making 30% more now than you did when they set it...I got lost on some of the amounts. Sometimes that can make a difference. All I can say is keep having your new wife pop out babies and you will get a deduction for each one! Good luck- that is a bullet that is not easily dodged. IMHO- $500 a month for anyting over an infant is PLENTY of money. They will take into account the fact that you fly your child up for visits. Doy ou cover her on insurance- you get a deduction for that too. Good Luck!
#16
Child Support Issues / RE: child support
Jul 10, 2006, 01:17:52 PM
We are in Ohio too. He can appeal the order and ask for a review (or whatever, if it's through the court).  There are administrative appeals that he can go through. My husband went through the same thing. Make sure that he gets whatever number they are using for her income and appeals anything (as voluntarily underemployed), if she is purposely making less.

What made them review it in the first place?
#17
My husband and his ex have joint physical/legal custody of thier daughter.

In the order we agreed to keep the chid support at the same set amount, as long as she paid for the school lunches (2.25 per day) and we alternated tax exemption.

she came to me last night and said that she was thinking of taking the order to the school and seeing if the lunch price could be based on her income, so that thier daughter would  qualify for free lunch.

We are so appaled. She wants full child support and not to have to pay for anything during the month- but only keep her 2 weeks out of the month.

Do you think the school will go for it? My husband is the residential parent for school purposes. I don't know what trumps what here. Is it more important that he is the "residential parent" or that she is financially responsible for the school lunches?

If she gets away with this, we plan to file for a modification of the shared parenting agreement to adress the child support issue.

I just can't believe the greed.
#18
I have NO expert advice, but I would think a FL form, since you want it registered in FL.
#19
Sorry John-J-Jay- but this is bugging me and it is in both of your messages- the sentence is "Why WERE you given supervised visitation?"...not why WAS you given it....just a pet peeve of mine.
#20
Why are they cutting it off on Saturday? Do you live far apart? I would just keep asking for more time. Why can't they be with you after school- if they are going to be in child care?

Every 6 months or so- I would try to up my time....but that's just me..not legal advice. Maybe it would annoy the court if you went back that many times.