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  • Need some advice Ohio

    I need some advice on how to proceed. I live in Ohio and my ex husband lives in IL. Our divorce and ordered child support is in Ohio. He is currently $3100 behind in his support. There is an order for it to be deducted from his wages but we have run into a snag there. The company he is working for is claiming he doesn't work there. I have his company email address and other information I got from his family. Is there anyway I can possibly prove that he does work there? Another question is that if they are paying him cash and I know he has a checking account, how can I go about getting a subpeona for his bank records or any of ther financial information? I know where he banks at because he cashed a joint tax return at the bank and I had to go through a bunch of legal stuff to get my half of the money and the bank took it from his checking account.

    I aslo have copies of things he is buying off of ebay using our old joint ebay account. In the past 60 days he has spent nearly $700 on stuff he has been buying. So I know he has to have income coming in we are just having a rough time proving it. Any help or advice would be appreciated.

    Thanks

  • #2
    Originally posted by Kyrila View Post
    I need some advice on how to proceed. I live in Ohio and my ex husband lives in IL. Our divorce and ordered child support is in Ohio. He is currently $3100 behind in his support. There is an order for it to be deducted from his wages but we have run into a snag there. The company he is working for is claiming he doesn't work there. I have his company email address and other information I got from his family. Is there anyway I can possibly prove that he does work there? Another question is that if they are paying him cash and I know he has a checking account, how can I go about getting a subpeona for his bank records or any of ther financial information? I know where he banks at because he cashed a joint tax return at the bank and I had to go through a bunch of legal stuff to get my half of the money and the bank took it from his checking account.

    I aslo have copies of things he is buying off of ebay using our old joint ebay account. In the past 60 days he has spent nearly $700 on stuff he has been buying. So I know he has to have income coming in we are just having a rough time proving it. Any help or advice would be appreciated.

    Thanks
    Has his employer been served with the income deduction order/notice?
    If so, there is usually something in there relating to the consequences of an employer refusing to comply with the deduction order. Check it over and write the company a letter requesting that they answer IN WRITING as to whether or not ex is employed by them.

    You cannot subpoena anything unless there is a motion or petition pending. That is real easy to fix, just file a motion for contempt or motion to show cause (whatever it is called in your state) and then you'll be able to subpoena all the documents you need.

    Comment


    • #3
      Originally posted by xena View Post
      Has his employer been served with the income deduction order/notice?
      If so, there is usually something in there relating to the consequences of an employer refusing to comply with the deduction order. Check it over and write the company a letter requesting that they answer IN WRITING as to whether or not ex is employed by them.

      You cannot subpoena anything unless there is a motion or petition pending. That is real easy to fix, just file a motion for contempt or motion to show cause (whatever it is called in your state) and then you'll be able to subpoena all the documents you need.
      Yes the employer was served but it only has his ss# on the information they were sent according to csea. This was sent to them 9/11/06 and so far we have heard nothing back from them. I got told today that most likely they are paying him cash and that I might have to get someone to actually take pictures or speak to someone there to prove he is working there and they are avoiding the child support order.


      Also the withholding notices that they support agency sends out we both get copies mailed to us each time they go out. On this form it states "Of any changes in the status of the account from which the amount of support is being deducted or opening of new account with any financial institution, of his /her commencement of employment, including self-employment, or the availability of any other sources of income that can be subject of any withholding or deduction requirement."
      And then it has a place for him to enter in his checking/savings account information and the bank info.

      If I can give them the bank he uses can they find out the rest of the information?

      Thanks

      Comment


      • #4
        Originally posted by Kyrila View Post
        Yes the employer was served but it only has his ss# on the information they were sent according to csea. This was sent to them 9/11/06 and so far we have heard nothing back from them. I got told today that most likely they are paying him cash and that I might have to get someone to actually take pictures or speak to someone there to prove he is working there and they are avoiding the child support order.


        Also the withholding notices that they support agency sends out we both get copies mailed to us each time they go out. On this form it states "Of any changes in the status of the account from which the amount of support is being deducted or opening of new account with any financial institution, of his /her commencement of employment, including self-employment, or the availability of any other sources of income that can be subject of any withholding or deduction requirement."
        And then it has a place for him to enter in his checking/savings account information and the bank info.

        If I can give them the bank he uses can they find out the rest of the information?

        Thanks
        Talk to the caseworker at CSEA about them informing the employer of the laws concerning employers' refusals to cooperate. The employer will either have to say that he doesn't work for them, or admit that he does and they'll have to begin witholding.

        If you do know his bank info you should give it to the caseworker also. They should be able to seize his account.

        Comment


        • #5
          Give the CSEA the bank account information and they WILL seize the funds in the account. There are penalties for an employer if they do not comply with the CS order. The trouble is that you'll likely have to do most of the legwork proving his employment. Ohio will not go out of state to investigate for you.

          Good luck.
          Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

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