New Customer Orientation - Montgomery County, Ohio

Report
MONTGOMERY COUNTY CSEA:
NEW CUSTOMER ORIENTATION
August 29, 2012
The Top 10 Things That I Should
Know About My Child Support Case
How Do I Make or Receive my
Support Payments?
How Can I Make or
Receive My Support Payments?
To Make Payments:



In Person:
Reibold Building
14 W. 4th St. Dayton,
Ohio (3rd floor)
On-Line:
www.expertypay.com
By Mail:
CSPC P.O. Box 182394
Columbus, OH 43218
To Receive Payments:


Direct Deposit into a
Bank Account
Ohio e-QuickPay Card
How Does Wage Withholding Work?
How Does Wage Withholding Work?



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).
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.
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.
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:



 The
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.
CCPA has no effect on the order amount. It only
applies to what can be withheld by an employer.
How Are Support Payments
Applied To My Balance?
How Are Support Payments
Applied To My Balance?

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.
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.
Why Is It Important To Update the
CSEA About Changes In My Life?
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
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;
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.
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.
What Is The Best Way
To Contact The CSEA?
What Is The Best Way
To Contact The CSEA?

In Person


Montgomery County - CSEA
14 W. Fourth Street
P.O. Box 8744
Dayton, Ohio 45401-8744
Lobby Hours

Montgomery County - CSEA
8:00 a.m. - 4:30 p.m.
What Is The Best Way
To Contact The CSEA?

On-Line
www.mcohio.org/childsupport
 Chat
On-Line With A CSEA Specialist
Monday-Friday
8:00 a.m.-5:00 p.m.
http://jfs.ohio.gov/Ocs/index.stm
 Case
specific address, employment, health insurance and
financial history information.
 Print a child support payment history whenever you need it.
What Is The Best Way
To Contact The CSEA?

By Phone
 Agency
Call Center Hours
10 am to 4 pm: Monday- Friday
Voice: 937-225-4600 or 800-555-0430
Fax: 937-496-7461 or 937-496-7462
 For
Payment Information
Voice Response Unit (VRU)
24 hours, 7 Days a Week
800-860-2555
Have your SSN & PIN ready
How Was My Support
Order Calculated?
How Was My Support
Order Calculated?




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?



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?

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 Can My Support
Order Be Changed?
How Can My Support
Order Be Changed?

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?

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?

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?

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?

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 does Medical Support
& Health Insurance Work?
How does Medical Support
& Health Insurance Work?


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?

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?

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?

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.
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.
How does Medical Support
& Health Insurance Work?


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.
What Can Happen If My
Support Isn’t Paid?
What Can Happen If My
Support Isn’t Paid?



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?

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?

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?


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 Other Programs Do You
Offer That Can Help Me?
BONUS: What Can’t
The CSEA Do For Me?
BONUS: What Can’t
The CSEA Do For Me?

The CSEA Cannot:
 Discuss,
 Award
decide, or enforce custody and/or visitation;
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?

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.

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