My ex-husband has been on unemployment for roughly 2 years. I was recieving child support weekly in that time. A week before Xmas they cut his unemployment (ya' think? after 2 years? GET A JOB!). I have not recieved child support since 12/23/10. He has not found a job and is trying to start his own company (quite unsuccessfully). CSEA (child support enforcement) has sent him a letter stating they will suspend his license at the end of the month if he does send in some money.
So, my question is this...since he has had no income, does he not owe child support for the last 3 months? Is there a state minimum in Ohio?
Thanks mommas!!!
Thanks for all the responses! I will call CSEA first thing Monday morning and see what I need to do next, as well as speak with my divorce attorney. In our divorce papers, it says he was to pay a certain amount and when he went on unemployment that amount was decreased to reflect his change in income (I'm assuming anyway). So, I take it that he is still in arrears according to divorce papers.
He is also required to carry insurance on her, which he never has. I could probably take him to court and he would most likely be held in contempt.
Thanks again, mommas!
The minimum in Ohio is $50.00 per month. If he was originally terminated through no fault of his own then he can petition to pay a lower amount of child support. If he quit or was terminated for cause then he is responsible for paying the set amount of child support.
He owes, they will keep track of it and take it out of his income tax returns. His wife, if there ever is one, can file for "injured spouse" and keep her portion of the tax refund but his will entirely go to you, up to the amount he owes.
If you weren't working and didn't make the car payment, it wouldn't mean that you still didn't "owe" the title holder. It would mean you would make payments when you were able. The same theory applies to child support, once he has income, he will need to pay both the current support and an arrears payment.
In CA they owe weather they work or not, weather they are left with money to feed themselves or not!
Oh, he still owes it. The amount will continue to accrue. If and when he does become employed or comes into any money, you will receive some money also. Your divorce attorney should have filed a "seek work order". This makes not working uncomfortable for your ex.
When I was first introduced to the CSEA, one of their phone operators told me not to rely on that money to pay bills. I was outraged at the time. My children are entitled to that money. But now I understand. Some men do not truly care enough about their children. I got over it and found other ways to pay the bills. The money is a "bonus". Sad, I know, but life.
Keep us all posted. I really hope he gets a job soon and the money starts back up for you and the kids.
That is how it is in Utah as it is in Texas like Jakesma said.
In order for it to go to the state minimum (at least in Minnesota), the father would have to go to court and prove to a judge of why his income is either non-existant or so low. I'm dealing with it right now, my son's father thinks that it is 1. okay to quit working for the reason of he was tired of having child support taking money out of his paycheck or 2. he is working but it is a cash job (that makes me really mad!!).
The guy that my husband works with (they are self-employed) has gone to the courts to tell the judge that work is slowing down (siding/roofing/remodel contractors, and yes because of the economy business is really slow!!) because of the economy and the judge doesn't care, he says how do I know for sure that you are not hiding money or getting paid under the table?
Good Luck!
he is required to pay the ordered amount regardless of his employment status. Now with him being on unemployment CSEA can only take up to 60% of his check, 50% if he has other children he helps support. So if they could not take the full amount then the remaining balance goes on file and eventually he has to pay it. If he is behind more than 500.00 they will take his tax return, I get my ex husbands every year, although I think this year will catch him up. Now if your ex remains unemployed he can try to have child support lowered, and that can often be done through CSEA without getting an attorney ect. But that can take several months and it will not eliminate what he is behind on. At any point you can also ask that child support gets adjusted. The standard rule is every two years however if circumstances change dramatically they will look at the case as well.
As for them suspending his license, he can get around that, lots of men wait for that letter, then call and send in as little as possible to make the letter go away and start the process all over again.
In Ohio, regardless if you are employed or not, you are always financially owed since he stopped paying. (ie, if he is ordered to pay $200/month, he would be behind at least $400 since December). The way CSEA works is that once you are 60 days without a payment, they send you a letter giving you 30 days to make 1 payment. If your ex husband makes 1 payment (ie, he is supposed to pay $50/week), then the CSEA will un suspend his license. Of course, then he has to pay to have his license reinstated. The system is honestly a joke. I mean, I'm grateful for a system, but it's all about paperwork. You can always take him to court for contempt for failure to pay court ordered support & a magistrate can order him to pay 'x' amount of money in 'x' amount of time. It seems like a lot, and sometimes it is, but no matter what, each parent, regardless of who has full time/part time custody, is still financially responsible for their children. I would keep on CSEA as much as you can or your case could easily 'slip' through their cracks.
Good Luck!
Not sure if every state is the same...In Texas, just because the father doesn't have a job doesn't mean he doesn't pay support..however, if there isn't money coming in, it may (the child support) continue "stacking" up and he will pay once he gets a job...he may ask to go back to court to readjust what he is paying. State of TX is 20 percent of what they make per pay check.
Good luck!
I have no idea what the law is in Ohio -- he may be able to get his support payments lowered. HOWEVER, he has to do this before child support stops accruing. Until he goes to court (if he does), he continues to owe child support each month.
