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  • Child support bench warrant enforced even though all has been complied with? Ohio

    My boyfriend was arrested a couple weeks ago at the BMV for a holder bench warrant from another county in Ohio. The warrant was issued in December 2011 after he unintentionally was a no show for three child support hearings that he was never notified of their existance. He had last been to court for child support September 2011 and was supposed to be notified of the next hearing if one would have been scheduled. Four months after the warrant had been issued, the Child Support Enforcement Agency finally sent the warrant in the mail to his correct and current address. This man had been working and paying his child support the whole time. Hes has been in default with payments before and owes back child support, but has made many months of payment since he was defaulted. He has commuicated and complied with the CSEA to best of his ability; and they have even granted him driving priviledges again(hints that we were at the BMV to reinstate his liscense). This warrant should have been cancelled!

    How can this man be put in jail when he has been in communication and compliance to everything that the CSEA has ordered him to do?

    I honestly feel that he is sitting in jail now due the laziness of the courts and Child Support Enforcement Agancey!

    He has lost his job, his daughter that he provides for during the school year(dependant not involved in this child support case) has to stay with her mother in a school that is not prefferred by either parent.

    What can be done about this? a complaint to whom? and is this a law suite against the agency?

    Dont let me forget...not one party involved in this case still resides in the county that the case is being handled in. Doesnt make much sense huh?

  • #2
    Originally posted by east2408tina View Post
    My boyfriend was arrested a couple weeks ago at the BMV for a holder bench warrant from another county in Ohio. The warrant was issued in December 2011 after he unintentionally was a no show for three child support hearings that he was never notified of their existance. He had last been to court for child support September 2011 and was supposed to be notified of the next hearing if one would have been scheduled. Four months after the warrant had been issued, the Child Support Enforcement Agency finally sent the warrant in the mail to his correct and current address. This man had been working and paying his child support the whole time. Hes has been in default with payments before and owes back child support, but has made many months of payment since he was defaulted. He has commuicated and complied with the CSEA to best of his ability; and they have even granted him driving priviledges again(hints that we were at the BMV to reinstate his liscense). This warrant should have been cancelled!

    How can this man be put in jail when he has been in communication and compliance to everything that the CSEA has ordered him to do?
    But he's still owing back support.


    I honestly feel that he is sitting in jail now due the laziness of the courts and Child Support Enforcement Agancey!
    He's sitting in jail because he hasn't paid all of his child support obligation.


    He has lost his job, his daughter that he provides for during the school year(dependant not involved in this child support case) has to stay with her mother in a school that is not prefferred by either parent.
    Non payment of child support has consequences.


    What can be done about this? a complaint to whom? and is this a law suite against the agency?
    You can complain to him that he's sitting in jail because of his own actions (or lack thereof).


    Dont let me forget...not one party involved in this case still resides in the county that the case is being handled in. Doesnt make much sense huh?

    It makes sense when neither party has bothered to do anything about it.

    Comment


    • #3
      your comments are ridiculous!

      Yes he owes back child support but it has to be taken into consideration that their are not always jobs available to earn an income to pay for your obligations. And in ohio, if you are currently paying your obligation and have recordedly paid your obligations then you get a chance to catch up on what you have missed by paying more each month. It makes no sense to put someone in jail when they are currently working and paying child support. By putting the person in jail they are ripped of the opportunity to pay what they are obligated to pay as a parent. In the matter of his case, his case worker should have done the paper work neccessary for him to continue working and maybe add more to his monthly payment to catch him back up. Which I think had already been done. They told him that he had complied with every order and that he didn't need to do anything else.

      He is in jail due to the fault of the child support system and the lazy case workers who don't care about their jobs or the lives that they impact. Something will be done about this, no thanks to ignorant minded individuals like you.

      Comment


      • #4
        Originally posted by east2408tina View Post
        Yes he owes back child support but it has to be taken into consideration that their are not always jobs available to earn an income to pay for your obligations.

        That's when you file to modify.

        And in ohio, if you are currently paying your obligation and have recordedly paid your obligations then you get a chance to catch up on what you have missed by paying more each month.

        There is nothing at all in the legislature guaranteeing "no jail" for someone who is still paying off arrears.

        Not one thing.

        It makes no sense to put someone in jail when they are currently working and paying child support. By putting the person in jail they are ripped of the opportunity to pay what they are obligated to pay as a parent. In the matter of his case, his case worker should have done the paper work neccessary for him to continue working and maybe add more to his monthly payment to catch him back up. Which I think had already been done. They told him that he had complied with every order and that he didn't need to do anything else.

        Still not the state's fault. And seriously, that's so NOT the job of his case worker. HE needed to file.



        He is in jail due to the fault of the child support system and the lazy case workers who don't care about their jobs or the lives that they impact.

        Nope, he's in jail because he didn't do the right things to modify the order when he was (presumably) involuntarily under- or unemployed. He's got nobody to blame but himself. Now is it "smart" to put a working parent in jail? In my opinion no. But I do promise you this - jail is NEVER the first step. It's the last resort. So ask yourself if you're being told the truth here. He's had at least a couple of chances.


        Something will be done about this, no thanks to ignorant minded individuals like you.

        I suppose his child/ren didn't need as much food in their bellies when he wasn't working? You can make me the bad guy if it makes you feel better.

        Remember though, we're not the ones who failed to support our offspring.

        Comment


        • #5
          look it up!

          Originally posted by Dogmatique View Post
          That's when you file to modify.




          There is nothing at all in the legislature guaranteeing "no jail" for someone who is still paying off arrears.

          Not one thing.

          Well according to the job and family services website if you pay then you are given the chance to catch up.



          Still not the state's fault. And seriously, that's so NOT the job of his case worker. HE needed to file.

          Again according to the job and family services child support division, he needs to request the file to be done threw the case worker in which I believe he has done so after going through his letters from csea in ohio.


          Nope, he's in jail because he didn't do the right things to modify the order when he was (presumably) involuntarily under- or unemployed. He's got nobody to blame but himself. Now is it "smart" to put a working parent in jail? In my opinion no. But I do promise you this - jail is NEVER the first step. It's the last resort. So ask yourself if you're being told the truth here. He's had at least a couple of chances.

          And I don't need you to tell me if I'm being told the truth. I am a grown woman and can clearly tell the difference between lies and paper work that shows me everything that I need to see. So take your useless, dramafied accusations to the next thread.


          I suppose his child/ren didn't need as much food in their bellies when he wasn't working? You can make me the bad guy if it makes you feel better.

          Remember though, we're not the ones who failed to support our offspring.
          Remember this thread isn't about you. If you want one to be about you than go make one.
          Things happen in life that you can not control and all you can do is keep working to overcome those obstacles until they have become accomplished. This exactly what thiss man has done and is being punished and denied his opportunity to continue to do so.

          How do I know your not a poor excuse for a parent? You just didn't post it. Its easy to express such harsh opinions over the internet.

          Comment


          • #6
            Originally posted by east2408tina View Post
            Remember this thread isn't about you. If you want one to be about you than go make one.

            This thread also isn't about you. You're a legal stranger - this is his legal matter, not yours.


            Things happen in life that you can not control and all you can do is keep working to overcome those obstacles until they have become accomplished. This exactly what thiss man has done and is being punished and denied his opportunity to continue to do so.
            He had control. He should have filed to modify the order - he didn't do so.


            How do I know your not a poor excuse for a parent? You just didn't post it. Its easy to express such harsh opinions over the internet.

            Nothing harsh at all. Blunt truth? Sure. But the facts remain:

            He hasn't fulfilled his obligation. He is now sitting in jail. The State has still not done anything wrong. A non-paying parent MAY be given the chance to catch up. But that still doesn't preclude other enforcement actions.

            Did he have another legal question?

            Comment


            • #7
              Originally posted by east2408tina View Post

              How do I know your not a poor excuse for a parent? You just didn't post it. Its easy to express such harsh opinions over the internet.


              Well, I'm not enjoying 3 hots and a cot courtesy of the state for not supporting the kids.

              That should be somewhat indicative

              Comment


              • #8
                is this what you call legal advice?

                Originally posted by Dogmatique View Post
                This thread also isn't about you. You're a legal stranger - this is his legal matter, not yours.
                (QOUTE)

                I didn't make this about me." Not at all." You the talking about you take care of off spring. What kind of legal advice is that to be taken in this case...nothing to do with you and your obligations, so the government likes to call it.


                (QOUTE) He had control. He should have filed to modify the order - he didn't do so. (QOUTE)

                And which it would have been helpfuled to have been provided the information about the modification. This is so supposed to be done by the case worker. It is their job to provideinformation about options and opportunities to these parents. But you can't even get them to get the correct paperwork turned in for updated contact information. You have not provided any such type of legal information or advice to this thread so take your lame close minded opions somewhere else.

                (QOUTE)Nothing harsh at all. Blunt truth? Sure. But the facts remain:

                He hasn't fulfilled his obligation. He is now sitting in jail. The State has still not done anything wrong. A non-paying parent MAY be given the chance to catch up. But that still doesn't preclude other enforcement actions.(QOUTE)

                Your comments are not helpful to this thread so please take your loneliness and ignorant comments somewhere else. Nothing you have said has been legally legit nor helpful in any matter of this case.

                Did he have another legal question?
                You have any legal advice to offer so excuse yourself please. Thank you. Have a good one :-)

                Comment


                • #9
                  Originally posted by east2408tina View Post
                  You have any legal advice to offer so excuse yourself please. Thank you. Have a good one :-)

                  That's not how the forum works, tina. We're not going to sit and lie to you and tell you what you want to hear just because you don't like the reality of the situation.

                  And yes, the legal reality remains:

                  Your boyfriend did not fulfill his legal obligations.

                  He is now in jail.

                  The State did nothing illegal.

                  And it was never the court or the State's job to either tell him to file for a modification or do it for him - never. In fact, that would be so unethical as to skate dangerously close to practicing law without a license.

                  So, any more questions?

                  Comment


                  • #10
                    Originally posted by Dogmatique View Post
                    That's not how the forum works, tina. We're not going to sit and lie to you and tell you what you want to hear just because you don't like the reality of the situation.

                    And yes, the legal reality remains:

                    Your boyfriend did not fulfill his legal obligations.

                    He is now in jail.

                    The State did nothing illegal.

                    And it was never the court or the State's job to either tell him to file for a modification or do it for him - never. In fact, that wioould be so unethical as to skate dangerously close to practicing law without a license.

                    So, any more questions?
                    You have not stated any legal facts this thread so excuse yourself so that someone can do that and show you how its done.
                    I never once said it was the states job to tell him the proper steps to take in his situation but it is their job to inform him of his options. What the hell else am I paying these rude people my tax money for? Anytime you talk to any of them they are rude and completely uncapable of fullfilling the full potential of the job title. Do u know the purpose that the case worker is suppose to serve to these parents in these cases? Answer that please! Lol. Ur joke get a hobby u know something about

                    Comment


                    • #11
                      Originally posted by east2408tina View Post
                      You have not stated any legal facts this thread so excuse yourself so that someone can do that and show you how its done.

                      Yes, yes I did.

                      I never once said it was the states job to tell him the proper steps to take in his situation but it is their job to inform him of his options.

                      No, it's really not the State's job to do the parenting of grown adults. HIS job was to educate himself as to his options. He didn't? Not the State's problem.


                      What the hell else am I paying these rude people my tax money for?

                      Not for them to deal with rudeness from legally unrelated third parties, I'd hazard.



                      Anytime you talk to any of them they are rude and completely uncapable of fullfilling the full potential of the job title.
                      I'd imagine that given your lack of legal standing in the matter they'd be reluctant to speak with you at all.


                      Do u know the purpose that the case worker is suppose to serve to these parents in these cases? Answer that please! Lol. Ur joke get a hobby u know something about

                      Any more legal questions, tina?

                      Comment


                      • #12
                        You have been given the correct legal answers. The fact that they are not the answers you want to hear does not make them incorrect.

                        Feel free to pay for a lawyer for your boyfriend and/or to give you the same answers you've received here.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Your a moron. lol

                          Originally posted by cbg View Post
                          You have been given the correct legal answers. The fact that they are not the answers you want to hear does not make them incorrect.

                          Feel free to pay for a lawyer for your boyfriend and/or to give you the same answers you've received here.
                          You have not given me any legal information about anything. All you keep doing is changing everything I say around so you can come back with something ignorant to say. You cant even tell me what the purpose for the case worker at the child support agency. I asked you that and received no reply. You have no legal experience what so ever. This is obviously another site like topix.com. Worthless answers from worthless people.

                          Only thing that you could have told me remotely close to legal advice would be to get a lawyer, which has already been done as well as everything that you said to do. Now sense you know so much about laws and legal advice...My boyfriend is getting out in a few days because it is more then obvious that the lazy people at CSEA did not complete paper that needed to be completed to get this warrant off of him. He will be release as soon as a court date becomes available.

                          Here is some information that you lack about this case:

                          "The Ohio child support program provides services that help to ensure that children receive the financial and medical*support they are legally entitled to and deserve. More than one million children in Ohio are involved in the program.*By working with both parents, the program seeks to establish support orders and maintain reliable and consistent*support payments. Research has shown that when support payments are ongoing, noncustodial parents are more*involved in the lives of their children. Having both parents involved in a childís life results in a healthier and more*responsible child."

                          "Child Support Enforcement Agencies
                          The county child support enforcement agencies administer the programís services directly to the public. In some
                          counties, child support is a division within the county department of job and family services. In others, it is associated with a county prosecutorís office, a court of common pleas or a county commissionersí office. To find the child support enforcement agency in your county, call (800) 686-1556 toll-free or visit http://jfs.ohio.gov/County/cntydir.stm.

                          Services available at child support enforcement agencies include:
                          Location of noncustodial parents,
                          Paternity establishment,
                          Establishment and enforcement of support and medical support orders, and
                          Review and possible modification of support orders Ė for example, if either parent becomes unemployed or
                          experiences a significant loss of income."

                          Like i said to you before...go find a hobby that you know something about. Stupid! lol

                          Comment


                          • #14
                            I dont see this getting any better at this point and since OP has spoken to a lawyer OP is getting sound legal advice now
                            http://www.parentnook.com/forum/

                            Comment

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