|Date:||Mon, 4 Apr 2011 19:42:25 -0700 [04/04/2011 07:42:25 PM PDT]|
|Subject:||Currently a Victim of CSEA|
I am desperate and trying to find help, advice or anything in regards to my Child Support Issue. I have a 2 yr old son name xxxx and currently pay child support through the Trumbull County CSEA. I am also currently in a court battle for joint custody. My son was born out of wedlock. The child support order originally started in xxxxx xxxx. The original amount was $289.68 and I provided full health insurance. I now live in xxxxxx. In August 2010 I hired legal representation and started fighting for joint custody. In October 2010 a re audit was completed after my son’s mother got a job. Prior to this the original judgment was based off my income of $21,000. Her income was “0″. I never recieved any documentation in the mail nor was I informed by phone in regards to the new calculated amount of child support. I did not find out the new support amount until my December hearing. The agency increased the amount to around $830.00 based off incorrect numbers
to this day they can not give me an answer of where they got the numbers from. They did not include my health insurance in the calculation and my son’s mother claimed that daycare cost $9,000 a year which i now know is false. Up to this point I never missed a single child support payment. I have an attorney that seems like he can care less about my case plus I made a horrible mistake in choosing my attorney who is the xxxxxx xxxx xxxxxxxx xxxxxx xxxx xxxx. As of now my trial date is set for xxxxxxxxx but today I received an invoice from the CSEA calming i owe over $5,000 in support. Over $2,400 compared to what i was told by a supervisor less then a month ago.
I am begging for you help or to please point me in the right direction.
I’ll be contacting you via email regarding your current attorney as I may decide to add him to my “Attorneys; Retain or Refrain” category. Additionally, his obvious lack of interest in vigorously representing you may have more to do with him “living off his name” instead of him actually working for a living.
That aside, there’s absolutely NO REASON he can’t address the issues you’ve mentioned via motion. A first year law student should (via discovery, interrogatories, deposition and finally cross examination) be capable of handily demonstrating the fraud behind the mother’s claim of “$9,000 in daycare expenses.”
Where are the receipts, invoices etc? If there is no evidence of such in court, your attorney (especially given his credentials) should be able to easily expose and dispatch that fraud. I traveled down that road for many years, hence the reason for some of my current overpayment.
It’s imperative that your “clownsel” (that seems, as I’m sure you would agree based on what you said, more fitting than “counsel”) motion the court for a CSEA audit, a motion to modify, and ask for a credit for all of the additional “child support” that you paid for the unproven “daycare expenses” that I suspect are the reason your “child support” obligation was raised from $289.68 to ~$830.00 per month.
My own “child support” obligation was raised nearly $600 per month to pay for “daycare expenses” that were never proven in court. No receipts were shown, the claim was merely made, and my “child support” obligation was raised, period, end of story.
Another thing; you should have received a credit for the health insurance you provide (the Trumbull County CSEA earns a profit off of medical support orders as well) towards your monthly “child support” obligation in the amount you pay for health insurance. Another thing you should ask for is a deviation for extraordinary travel expenses.
I at one time lived about 550 miles from my daughter (and still live a considerable distance) and was granted a downward deviation in my obligation as I was (and still do) traveling about 2200 miles per month to “visit” my daughter.
It’s a well-known and often used tactic by child support moms (CSMs) to claim phantom daycare expenses with the sole purpose of having your “child support” raised so they can in turn use those additional “child support” monies you pay for their own benefit.
As far as the CSEA not contacting you, you are required under Ohio Law to notify them of your new address, did you do that?
You can request an audit from the CSEA as you’re entitled to that. However, I’d tell your “clownsel” to motion the court for an audit as well, as the CSEAs are not very responsive to their “clients” whom are fathers.
Moreover, any correspondence you send to the CSEA should be sent by certified mail. Otherwise (and trust me on this one as I hear it from fathers all over Ohio) the Trumbull CSEA will claim they “never received” your request. Anything I send to the CSEA is sent by certified mail, or through my attorney. I will also generally record my conversations with them as well.
Lastly, how much is your “net” take home pay each week after the Trumbull County “Child Support” Agency extorts your “child support” obligation from your paycheck? Under Federal Law, they can’t seize more than 50% of your “net”weekly pay unless you have an arrears, in which case they can seize up to 65% of your “net” weekly pay. If that means you’re only left with $25 per week (net pay) to support yourself, or you end up homeless as a result, rest assured that there’s not one person in the Trumbull County CSEA who cares. In fact, they couldn’t care less.
Ohio Council for Fathers Rights