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CS - between filing and approvals Ohio

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  • CS - between filing and approvals Ohio

    What happens to the difference in CS between when the new amount is filed and when it is actually approved? For example, previous CS amount was 1k, a new amount of $800 was filed on Oct 1 and approved on Jan 1. How does the payor get the $600 difference back? Does this go in futures or does the payor get this back immediately? If it goes into futures, when the children are emancipated, how does the payor get that back?

    The same question goes if the last child is emancipated, how does the payor received any overpayments from the date the child was emancipated? (My understanding is you can't file until the child has turned 18/graduated HS, so there's no way to avoid overpayments.)

    Thanks.

  • #2
    Originally posted by Lindy View Post
    What happens to the difference in CS between when the new amount is filed and when it is actually approved? For example, previous CS amount was 1k, a new amount of $800 was filed on Oct 1 and approved on Jan 1. How does the payor get the $600 difference back? Does this go in futures or does the payor get this back immediately? If it goes into futures, when the children are emancipated, how does the payor get that back?

    The same question goes if the last child is emancipated, how does the payor received any overpayments from the date the child was emancipated? (My understanding is you can't file until the child has turned 18/graduated HS, so there's no way to avoid overpayments.)

    Thanks.

    I am not sure that you would get it back. You should have asked that payments be put into Escro until change was made.
    Not an expert just stating what I know from experience and or moral standings

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    • #3
      The amount of the cs is not changed until it is signed off by the judge. Therefore, even though the amount is lowered, until it is finalized, you are responsible for paying the amount of support as it is ordered until then. You are not owed money back.

      In the case of emancipation, you fill out the paperwork BEFORE (usually 1-3 months) the child reaches the age of emancipation so that the day he or she is emancipated, child support ends. If, in a case that is not done, if you are owed overpayment and there is no other child support is owed for, you should recieve the money back. If there is another child to support, your support will either be lowered until the overpayment is recouped OR you might get a check for the difference.
      Last edited by mommyof4; 11-08-2006, 06:33 AM.
      HOOK 'EM HORNS!!!
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      • #4
        Originally posted by mommyof4 View Post
        The amount of the cs is not changed until it is signed off by the judge. Therefore, even though the amount is lowered, until it is finalized, you are responsible for paying the amount of support as it is ordered until then. You are not owed money back.

        In the case of emancipation, you fill out the paperwork BEFORE (usually 1-3 months) the child reaches the age of emancipation so that the day he or she is emancipated, child support ends. If, in a case that is not done, if you are owed overpayment and there is no other child support is owed for, you should recieve the money back. If there is another child to support, your support will either be lowered until the overpayment is recouped OR you might get a check for the difference.
        well here in PA you can have it put into escro(??) Because the man who signed the paternity papers for my step daughter and has been paying cs has not paid any cs since June of this year. It is in Escro pending the outcome of our custody case next month. As soon as he gets the final ruling he will get back the money.
        Not an expert just stating what I know from experience and or moral standings

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        • #5
          Are you both speaking to Ohio law?

          I'm confused, because the attorneys from both sides stated during our first CS change, that the CS change date is based on the filing date and not the date the judge signs off. We're filing again and obviously would like to get money back in our pocket sooner than later. But we also know that if it's up to his ex to pay back any overages when the kids are emancipated, we'll never see it.

          As for emancipation, one of my co-workers just emancipated his son and said the courts told him he had to wait until the child was emancipated before he could file.

          Could a different county make a difference? I thought CSEA was statewide, so that didn't seem right to me either.
          Last edited by Lindy; 11-08-2006, 10:44 AM.

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          • #6
            well here in PA you can have it put into escro(??)
            Not an expert just stating what I know from experience and or moral standings

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            • #7
              This is the way it has worked in my case with my first husband. We went 50/50 custody and in between the filing of this petition and the approval, he paid the regular amount (rather it was withdrawn from his account). When the petition was approved, the court ruled that he was "over" by 1K.

              He was told that he could not stop the withholding order from taking his CS out of his pay. The overage would allow him to only receive the money after emancipation. (As it has gone with us, the amount of times that he has changed jobs combined with the lag time it takes for the CSEA to set up withholding with a new employer, the overage is gone.)

              If he didn't have a withholding order, having an overage would have entitled him (as on paper he was at that time, more than caught up with the required payment) to not pay until his account said he had payment due.

              It really depends on your situation. If there is no withholding order (meaning it does not come straight out of his paycheck) she cannot really force him to pay something the system says he is caught up with. If it comes straight out of his paycheck, he will be waiting a while to recoup the overage.

              I hope this makes sense.
              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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              • #8
                Thanks, that's answers one question!

                When all of the kids are emancipated, how are the overages recouped? Does the CSEA reimburse that to the payor or is the payor expected to recoup it from the payee? If that's the case, we'll never see the money.

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                • #9
                  You would need to contact the CSEA near the date that the child support is "paid up" but not "Paid out" (to the actual date of emancipation).

                  To hopefully make more sense; Say the overage is $1000 and the monthly payment is $250; I would contact the CSEA 6 months (I say 6 months instead of 4 because it would likely take that extra 2 months for the CSEA to decide what they can do and put it in motion) prior to the emancipation date to see if they would / could work towards ending the payment withholding to avoid overpayment. If they do not or will not then they would notify the payee of the overage but you would likely be the one to attempt to collect the debt. Their job ends when the emancipation goes through.
                  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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                  • #10
                    I was afraid you were going to say that. No wonder I hate the system. They'll keep your money if you overpay and it's up to you to get it back! If all the money was actually being used for the kids, it wouldn't be a big deal, but in our case, it's simply not.

                    Thanks for the information.

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