Parenting Time and Child Support In Ohio, The New Initiative

New Parenting Time and Child Support Project in Ohio To Increase Time A Child Spends With Both Parents, Even If They Are Divorced or Separated

parenting timeI have been practicing family law for 34 years. In my opinion the process by which the State of Ohio has gone about establishing child support orders in Juvenile Court without including any parenting or visitation provisions was patently unfair to fathers. I appreciate that taxpayers shouldn’t have to shoulder the burdens of paying welfare or other assistance for children when it is the joint legal responsibility for their mothers and fathers to do so. But is it fair to establish a child support obligation and not include any reciprocal provision for the fathers to have the right to visit their child(ren)? It is no wonder that there are so many uninvolved fathers out there. Psychologists will tell you that a child who has had both parents involved in his/her upbringing stands a much better chance to become a stable healthy adult. That is why I am very excited about this new, long overdue Ohio project!

Ohio’s New PTOC12 Project

This new statewide project in Ohio will try to increase the time a child spends … Read More... “Parenting Time and Child Support In Ohio, The New Initiative”

Visitation: Stepparents are Parents Too!

Stepparents are Parents too! Stepparent Visitation!

visitationI always like to talk about the connotations associated with the words we use every day. Whether they are positive or negative, the words we use can have a grave impact upon a person’s feelings. One such word that comes to mind is stepmom or stepdad. Generally, feelings associated with the word step anything can result in feelings of negativity. I am sure everyone remembers Cinderella’s EVIL stepmother! Being a stepchild, I understand why those feelings can sometimes arise. Blended families come with many obstacles. However, I also know why they can also be associated with very positive connotations and because of that I thank God every day for blessing me with my stepfather, my dad. In the spirit of Father’s Day, I would like to talk about laws in Ohio that have resulted in stepparent visitation and sometimes even custody!

Visitation and Ohio Law

Ohio has codified within its laws three (3) ways to seek visitation with a minor child. They include the following:

  1. Ohio Revised Code § 3109.051: “In a divorce, dissolution, legal separation, annulment, or a child support proceeding that involves a child, the Court may grant reasonable companionship or
Read More... “Visitation: Stepparents are Parents Too!”

Support Payments and The Support Enforcement Agency

In Ohio, Do Support Payments Have To Be Made Through The Support Enforcement Agency?

support payments in ohioDo child support/spousal support payments have to be made through the Child Support Enforcement Agency (CSEA) or through the Ohio Child Support Payment Central (OCSPC)? This question is generally answered with a resounding “Yes”! There are many reasons for the involvement of the CSEA and the OCSPC.

What do the CSEA and OCSPC stand for? What role do they play in Support Payments?

Each county in the State of Ohio has its own Child Support Enforcement Agency (CSEA) charged with keeping accounts and payment histories for each child support/spousal support order involving children or ex-spouses residing in that particular county. The Ohio Child Support Payment Central is an agency located in Columbus, Ohio. It was created by the Ohio Department of Job and Family Services in response to Federal legislation mandating the implementation and operation by each state of a disbursement unit for collecting and disbursing child support and spousal support payments.

Why are these two agencies needed to provide oversight and collection of support payments?

Both agencies are vital and necessary as the State of Ohio has a vested interest in collecting maximal child … Read More... “Support Payments and The Support Enforcement Agency”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

Financial Affidavit in dayton ohioIn Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).

The first step to avoid a “bad” Temporary Order is to make sure that your Financial Affidavit is through and accurate. On October 9, … Read More... “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support

child_support_law.jpgTucked deep into the recently passed state budget is a new provision that will reduce driver’s license suspensions of alleged “deadbeat” parents.  Currently, a parent owing more than a month in child support faces the possibility of the loss of his or her driver’s license and professional licenses. Under current law, neither the courts nor the Child Support Enforcement Agency can grant limited driving privileges for occupational purposes on a child support license suspension.

The new law, codified in Ohio Revised Code Chapter 3123, which went into effect on September 28, 2011,  provides that parents who pay at least half of their court-ordered child support will no longer face suspension of their driver’s or professional licenses. Another provision will allow parents to have prior suspensions for failing to pay child support removed from their driving record. Benjamin Johnson, spokesman for the Ohio Department of Job and Family Services, said that under the new law, county child-support enforcement agencies must look back 90 days to see if a parent has paid less than 50 percent of his/her child support obligation. If so, a pre-suspension notice, giving the parent the opportunity to pay up will be sent. A parent who fails to … Read More... “ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support”

Non-Payment of Child Support May Result in Denial of a Passport

passportreject.jpgMost people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport.  Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and the passport request is denied.

To learn more, click here to go to the U.S. State Department’s Travel Abroad website to read about the mandatory process that must be undertaken before any passport application will be processed. You need to make arrangements to pay the State Support Enforcement Agency where child support is owed BEFORE you submit your application for a U.S. passport.  Also, all questions about your child support arrears or the status of a payment should be directed to that appropriate State Support Enforcement Agency and not to the U.S. State Department … Read More... “Non-Payment of Child Support May Result in Denial of a Passport”

Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio

relocateohio.jpgIn the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents.  In today’s society, people are much more mobile.  Persons move to find employment, attend college, or due to military assignments.  Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area.  Some of those persons are parents of minor children.  So, if Post-Decree problems occur, to which Court do they go for help or assistance?

I should explain that “Post-Decree” refers to situations which occur after the parties’ Final Judgment and Decree of Divorce or after the parties’ Decree of Dissolution of Marriage have been filed.  So, the parties’ marriage has ended but issues may continue regarding spousal support, child support, parenting time schedules, transportation, etc.   If the parties’ Final Decree of Divorce or Final Decree of Dissolution was filed in a state other than the State of Ohio, that Decree is referred to as a “foreign decree”.  It is “foreign” in the sense that … Read More... “Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio”

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