administrative review adjustment hearing

[shockergeek]

What is the name of your state (only U.S. law)? Ohio
I filed for an administrative review about a month ago. It was done on july 5th, and it was lowered according to ODJFS. I got a letter and a copy of the worksheet. My case worker said that if I agreed with everything on the paper, that I just needed to sign the last page and return it to him within 17 days. The 17 days would be 7-29-11, this friday.
Today I received a letter saying there was an administrative review adjust hearing on 7-29-11. Says we can bring legal counsel and said we can argue our points if we think there was an error in calculating either of our incomes. Said if we don't show up for a second hearing the amount they set it at will be considered final.
My question is, is this hearing a normal part of the procedure of an administrative review?
The paper I received of the review stated that the new amount was to take effect 8-1-11.
This hearing, does this mean my ex is appealing the decision of ODJFS?
Thanks in advance for the help

 

[kik1999]

This means that someone appealed the first initial review. If you did not appeal, I would assume your ex did. Normally, if you are not the one that is appealing and you agree with the amount, you do not need to show.

 

[TheGeekess]

This means that someone appealed the first initial review. If you did not appeal, I would assume your ex did. Normally, if you are not the one that is appealing and you agree with the amount, you do not need to show.

One should ALWAYS go to hearings pertaining to one's Child Support and Custody/Visitation. Just in case.

 

[shockergeek]

I talked to my case worker today and he explained what it was to me. Yes it was my ex who disagreed with the decision.
He told me that since I agreed with the decision that I did not need to show up, but told me that I should show up if possible. I had already made my mind up I was going regardless.
He also said that all she can really disagree with is the numbers he entered. He said the supervisor can not do any deviation.
He said he has never had a case where both parties gave all the required information and he didn't have to impute any values except her income, as she apperently stated she made less then min wage. Her original income value was $10,900, instead of being imputed to min wage.
If she appeals the decision of the ODJFS supervisor and we go back to court, and it takes a month or several months, will it be back dated to when the review.was said to take effect? The review was done and stated its supposed to go into effect 8-1-11, so if everything gets signed and approved by judge, will it backdate to aug 1?

 

[kik1999]

Yes, it will backdate to the date it was filed.

I just went through this in Ohio for myself (I am the CP and my ex, the NCP appealed), and my husband went through it with his ex (he is the CP, and he appealed). For the parties who did not appeal, which was myself and my husband's ex, there was absolutely no reason for us to be there. I absolutely would recommend showing up too for all custody/child support orders, but no testimony or information was taken from the parties who did not have an issue with the original amount set.

 

[shockergeek]

Ok great. Im off on the date if the hearing, so I will be there.
Thanks for the information.

 

[kik1999]

You are welcome. My husband actually had his this morning and it was super laid back, and over very quickly. When they make a decision and the new amount is determined, that amount can be appealed too, and THAT is when it goes in front of a judge and is a lot more formal, etc. But for this initial appeal, he went in at 10am and was done by 10:25am. And the CSEA didn't even talk to his ex, as she had no new financial information and she wasn't the one who initiated the appeal.

Good luck!

 

[shockergeek]

Yes my case worker informed that if she didn't like this decision she could appeal it as well.and then it would go to court.
I don't think im going to have to much to really worry about, as I turned all my check stubs from jan 1, complete 2010 tax return, plus all the medical papers they asked for.
So im guessing I shouldn't have any problems, but you never know.