So you went through the ohio child support CSEA administrative review process and your child support went up? Unfortunately, this is the usual result. Salaries usually go up over time, which means that child support goes up over time. However, you do have some rights. You can object to the administrative adjustment for two major reasons:
- The numbers that were used to calculate the child support were wrong; or
- The numbers were correct, but the court should give you a deviation (hopefully downward, not upward) in your child support amount.
First, you must know that you have only a little bit of time to make your objection. If your child support order that was reviewed was a court order, you have 14 days to make your objection. The law says that you have 14 days of receipt of information re your rights to object (JFS 07724), which usually comes with the administrative review recommendation, but to be safe, you should calculate that 14 days from the date the administrative review recommendation was made. Some CSEA agencies will tell you that the deadline is 14 days from the date that recommendation was made, and to save yourself a world of grief, you should not fight the machine, and just get your objection in within 14 days from when the recommendation was made. Please note – as this blog is written, legislature is being proposed to changed these deadlines, and so when you read this, you need to consult with an attorney to see if the deadlines are still accurate.
If your child support order that was reviewed was an administrative order, you have a little more time to make your objection. According to the law, you have 30 days from the date you received JFS 07724 and your administrative order to object, but again, to be safe, you should object by 30 days from the date recommendation is made. Again, to be safe, you need to check with an attorney re these deadlines because legislation is being proposed to change them.
Your objection must be RECEIVED by the deadline, not mailed by the deadline.
Okay, so, assuming you got your objection in on time, what is next? Well, that depends on the basis of your objection, but the bottom line is you start gathering your evidence to support the basis for your objection, and figuring out how you are going to get the evidence admitted into court under the Ohio Rules of Evidence.
The Law Offices of Virginia C. Cornwell represents clients in child supports matters, and helps them with the their child support objections. For an appointment to discuss your case, please call our office at 614-225-9316 to set a consultation to discuss the facts and circumstances in your case.
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DISCLAIMER – Read it, it’s important!