Obligee Request Removing License Suspensions of Obligor?

[Silverline]

What is the name of your state (only U.S. law)? Ohio

I have a c/s order for our two children which dates back 7 years. The last payment received was 12/2015. I basically gave up trying to seek payment and haven't had contact with the agency in 18 months. Total unpaid balance is now over $16k.

The mother has health issues with very spotty employment for the past several years. I suspect her pattern has been to take odd jobs until the agency caught wind of it, then quit rather than be forced to pay support. Recently she graduated from college only to discover not only was her driver's license suspended last April but when she applied for positions her cosmetology license was also suspended. All of this was news to me.

Obviously, I'm not receiving any benefit now and with this latest development will not anytime soon. I was also informed her / husband haven't filed a tax return in four years to avoid having her [their?] refund applied to the unpaid c/s. It's my understanding they're just scraping by on only one income and having a difficult time providing anything other than the most basic needs for the children [visitation order has them with me one weekend per month. In addition to her weekends they get them Wednesday evening and the majority of the summer].

Question, can I make a request for the enforcement agency to cancel these suspensions so she can pursue work while keeping the original order in effect? This may have been discussed with my case worker at some point but I don't recall the details. And if the promise to pay back support isn't kept will I be able to request the suspensions be put back in force? TIA.

 

[justalayman]

The suspensions are really none of your business. You have neither the right to institute them or rescind
Them. It's a matter for the mother to address with the courts.

In reality, since you haven't bothered with the issue of child support for a year and a half, and the mother was delinquent even before then, your concern is suspect. You sound more like a person in the mother's position wondering if the father has the ability to allow the reinstatement of the licenses with the intent of negotiating a deal with him that would allow you to regain your licenses.


Btw: if the mother and her husband file separately his refund will not be touched. Refusing to file to avoid atttachement for delinquent child support is a foolish reason for him to risk serious civil and possible criminal actions.

 

[Silverline]

The suspensions are really none of your business. You have neither the right to institute them or rescind
Them. It's a matter for the mother to address with the courts.

In reality, since you haven't bothered with the issue of child support for a year and a half, and the mother was delinquent even before then, your concern is suspect. You sound more like a person in the mother's position wondering if the father has the ability to allow the reinstatement of the licenses with the intent of negotiating a deal with him that would allow you to regain your licenses.


Btw: if the mother and her husband file separately his refund will not be touched. Refusing to file to avoid atttachement for delinquent child support is a foolish reason for him to risk serious civil and possible criminal actions.

Jeez, I AM the Father. The reason I bring this up now is due to a meeting they requested last evening in my home. The reason I dropped the issue previously is because it was fruitless to pursue. It's one thing to get a judgement, an ENTIRELY different matter to collect!

When I learned she was graduating I hoped I would begin receiving c/s but wasn't holding my breath. It was news to learn about the DL [though not surprised since they have gone that route in the past] but didn't realize her professional license could also be suspended.

The motive for my post / action is to allow her to support our children, both in their home and mine by adhering to the support order. Regardless if it's my business, if there's something *I* can do to make this happen I'm willing to do that. I think we all agree it would be in the best interest of the children for the Mother to be able to support them.

 

[justalayman]

Jeez, I AM the Father. The reason I bring this up now is due to a meeting they requested last evening in my home. The reason I dropped the issue previously is because it was fruitless to pursue. It's one thing to get a judgement, an ENTIRELY different matter to collect!

When I learned she was graduating I hoped I would begin receiving c/s but wasn't holding my breath. It was news to learn about the DL [though not surprised since they have gone that route in the past] but didn't realize her professional license could also be suspended.

The motive for my post / action is to allow her to support our children, both in their home and mine by adhering to the support order. Regardless if it's my business, if there's something *I* can do to make this happen I'm willing to do that. I think we all agree it would be in the best interest of the children for the Mother to be able to support them.

It's not your choice to have the licenses suspended. It's not your choice to allow reinstatement. It is a mattter of law. The only way I can see your actions could allow a reinstatement is to forgive the delinquent support owed. You would not be able to reinstate the forgiven debt if things didn't work out as you hope they will.

If any amount is owed to the state (fees or reimbursement any time you may have recieved state welfare benefits), you cannot forgive that.

 

[Silverline]

It's not your choice to have the licenses suspended. It's not your choice to allow reinstatement. It is a mattter of law. The only way I can see your actions could allow a reinstatement is to forgive the delinquent support owed. You would not be able to reinstate the forgiven debt if things didn't work out as you hope they will.

If any amount is owed to the state (fees or reimbursement any time you may have recieved state welfare benefits), you cannot forgive that.

You would think that but here's the thing. My case worker has stated "is this something you want to pursue" when I brought it up. I understand that the system pretty much runs on auto-pilot and this would happen at some point regardless. I was just curious if I have any say so in the matter of stopping the suspensions so she could work. I thought I could wipe away the entire matter if I dropped the order but that's not something I'm willing to do given our history.

ATST, it's pointless not to since A>. The children aren't receiving the court ordered benefit and B>. They would [you would hope] benefit from her working.

 

[justalayman]

Ya lost me. I have no idea what situation you are referring to when you say; you would think that


From one of Ohio's county's websites;

License Suspension
Suspension of an Ohio Driver's License is an enforcement tool designed to bring those obligors who are in legal default on their child support orders back into compliance.

The program works as follows: Prior to license suspension, the agency will send out a Default Notice to obligors who are more than 30 days in arrears on their payments. This notice will alert them to the potential for a driver's license suspension or any of the other enforcement techniques authorized by Ohio law. The obligor may request a due process hearing (a Mistake of Fact hearing) within seven business days from the date the Notice of Default is issued.

Before the CSEA can notify the BMV to suspend a license, the person ordered to pay support must have failed to pay at least 50 percent of their total monthly support obligation for a period of 90 consecutive days. Tax intercept payments do not count toward the 50 percent requirement. If the case qualifies, the CSEA will mail a notice of its intent to suspend the driver's license to the last known address of the non-custodial parent. If the obligor fails to contact the agency in response to the notice, the license can be suspended.

The actual suspension of an Ohio driver's license is accomplished through an automatic interface between the SETS computer system and the Ohio Bureau of Motor Vehicles. Once the CSEA support officer "keys in" the suspension, the BMV will:

Suspend any license currently held by the obligor.
Refuse to renew or issue any driver's license to the obligor.
Refuse to reinstate any license until notified by the CSEA.
Refuse to issue or renew a State of Ohio Identification Card.
Obligors whose driver's licenses have been suspended by the CSEA can have their license reinstated when one of the following events occurs:

The obligor is no longer in default.
Pay the arrears balance in full; if this is not possible,
Present evidence of employment or an account at a financial institution so a withholding order may be issued. The CSEA must be able to confirm the employment or the account is valid; if these options are not possible then,
Present evidence acceptable to the CSEA that you are unable to work due to circumstances beyond your control; if these options are not possible then,
Comply with a seek work program as established by a court or a family support program administered or approved by the CSEA; if this is not possible then,
Pay the full balance of the total monthly obligation due for the 90-day period prior to the date the agency sent the pre-suspension notice.
If an obligor meets one of these reinstatement criteria, the CSEA will reinstate the driver's license. Obligors can then visit the BMV to complete their driver's licenses reinstatement process. The BMV charges a $25.00 fee for reinstating the driver's license at the regional service center office located at 1583 Alum Creek Drive in Columbus. Reinstatement at a deputy registrar's office is now also possible upon payment of an additional $10.00 service fee.

The csea could alllow the licenses to be reinstated as they are ultimately in control of the situation but doing so should not be considered based simply on the request of the obligee. There are actions in place that alllow a reinstatement that doesn't undercut the purpose of the initial actions.

So, unless you have a foolhardy caseworker that would circumvent the spirit of
The law and allow reinstatement or are willing to forgive owed support, the mother simply needs to "man up" and do what it takes to reinstate her licenses. The purpose of the law is to demand compliance with the support order. The penalties allowed are applied only after their is extended and continued refusal to comply with the order.

Additionally, if you start down this path, don't be upset if csea refuses to give a damn about future delinquencies as your actions undercut the laws in place designed to enforce the rights of an obligee. If you prove you don't want the state's help now, don't be surprised if they aren't willing to help you in the future (and yes, they have the discretion to make that call).

 

[Silverline]

Ya lost me. I have no idea what situation you are referring to when you say; you would think that

See clarification.

The csea could allow the licenses to be reinstated as they are ultimately in control of the situation but doing so should not be considered based simply on the request of the obligee. There are actions in place that alllow a reinstatement that doesn't undercut the purpose of the initial actions.

From county website...

Obligors whose driver's licenses have been suspended by the CSEA can have their license reinstated when one of the following events occurs.

Pay the arrears balance in full; if this is not possible...

Present evidence of employment or an account at a financial institution so a withholding order may be issued. The CSEA must be able to confirm the employment or the account is valid; if these options are not possible then...

Present evidence acceptable to the CSEA that you are unable to work due to circumstances beyond your control; if these options are not possible then...

Comply with a seek work program as established by a court or a family support program administered or approved by the CSEA.



^^
OK, that looks like a viable option since her professional license is revoked she's unable to interview / employed in her field. Another option would be to find employment outside of her field, show proof of that for CSEA to reinstate her license then seek employment in her field.

Thanks. I'll print this out and discuss the matter with my case worker. Curious why she hasn't looked into this further.

 

[justalayman]

See clarification.





From county website...

Obligors whose driver's licenses have been suspended by the CSEA can have their license reinstated when one of the following events occurs.

Pay the arrears balance in full; if this is not possible...

Present evidence of employment or an account at a financial institution so a withholding order may be issued. The CSEA must be able to confirm the employment or the account is valid; if these options are not possible then...

Present evidence acceptable to the CSEA that you are unable to work due to circumstances beyond your control; if these options are not possible then...

Comply with a seek work program as established by a court or a family support program administered or approved by the CSEA.



^^
OK, that looks like a viable option since her professional license is revoked she's unable to interview / employed in her field. Another option would be to find employment outside of her field, show proof of that for CSEA to reinstate her license then seek employment in her field.

Thanks. I'll print this out and discuss the matter with my case worker. Curious why she hasn't looked into this further.

She your case worker or she the mother?

She the case worker because it is not their obligation to initiate such matters. The onus is upon the obligor to chase possibilities

If she the mother: maybe she doesn't know where to look or she has other remedies in mind, like maybe the forgiving of the delinquency I mentioned earlier.

 

[LdiJ]

It is absolutely idiotic that they have not filed tax returns for the last 4 years because they didn't want you to get the refund. Her husband could have filed an injured spouse form with a joint tax return and received his share of their joint refund without any problem at all. It would have taken a little longer to receive the money, but only her share of the refund would have been taken.

Right now, anything earlier than 2013 they have completely lost the refund. 2013 is still good but they would have to file before April 15th or it will also expire.

 

[Silverline]

She your case worker or she the mother?

She the case worker because it is not their obligation to initiate such matters. The onus is upon the obligor to chase possibilities

If she the mother: maybe she doesn't know where to look or she has other remedies in mind, like maybe the forgiving of the delinquency I mentioned earlier.

Mother. Yeah, I think maybe they thought they could lay this sob story on me and expect me to request the support order removed.

 

[Insane Jane]

Does anyone know if: in Ohio the OP can officially forgive the past arrears without jeopardizing future obligations?

 

[Silverline]

Does anyone know if: in Ohio the OP can officially forgive the past arrears without jeopardizing future obligations?

I just met with my case worker today [Franklin county] and she said yes.

 

[justalayman]

I just met with my case worker today [Franklin county] and she said yes.

Thanks for that update. It helps build the knowledge base.

 

[Silverline]

Actually

The suspensions are really none of your business. You have neither the right to institute them or rescind Them. It's a matter for the mother to address with the courts.

False. I just met with my case worker and was informed there are a number of options as the obligee available to me.


1>. I can agree to remove all [or a portion of] the arrearages the obligor has accrued, and still keep the current support order in effect.

2>. I [or anyone] can make a payment in the obligor's behalf. *


Both of these actions would result in the effect I originally presented in my opening post. In that post I asked if I could make a "request" to have the suspensions in question removed. I was informed simply requesting wouldn't result in the desired action. Instead I was told that if the obligor [or if a 3rd party] paid the monthly c/s they would reinstate the obligor's DL. I was told the one month payment is "the standard rule" for their bureau but that each case worker has leeway to make different arrangements on a case by case basis with the obligor. Read this is SOP - not a case worker circumventing the system. Obviously, if the obligor didn't maintain the agreed payment schedule it would result in their DL being suspended again.

Additionally, come to find out they have no record of her professional license. It was explained to me the bureau doesn't filter for that. Someone has to bring that to their attention. So, I'm confused why she / husband presented their case in this manner to me [that her arrearage was prohibiting her from pursuing work in her desired field].

I'm posting this for the record and benefit of anyone that may read this post in the future.​

* The amount of my payment would include the monthly c/s including arrearage.

 

[justalayman]

False. I just met with my case worker and was informed there are a number of options as the obligee available to me.


1>. I can agree to remove all [or a portion of] the arrearages the obligor has accrued, and still keep the current support order in effect.

2>. I [or anyone] can make a payment in the obligor's behalf. *


Both of these actions would result in the effect I originally presented in my opening post. In that post I asked if I could make a "request" to have the suspensions in question removed. I was informed simply requesting wouldn't result in the desired action. Instead I was told that if the obligor [or if a 3rd party] paid the monthly c/s they would reinstate the obligor's DL. I was told the one month payment is "the standard rule" for their bureau but that each case worker has leeway to make different arrangements on a case by case basis with the obligor. Read this is SOP - not a case worker circumventing the system. Obviously, if the obligor didn't maintain the agreed payment schedule it would result in their DL being suspended again.

Additionally, come to find out they have no record of her professional license. It was explained to me the bureau doesn't filter for that. Someone has to bring that to their attention. So, I'm confused why she / husband presented their case in this manner to me [that her arrearage was prohibiting her from pursuing work in her desired field].

I'm posting this for the record and benefit of anyone that may read this post in the future.​

* The amount of my payment would include the monthly c/s including arrearage.

No, I'm not incorrect. Of course if you want to pay the arrears then more power to you but that doesn't make the issue your business anymore than me paying your attorneys fees makes whatever he is doing for
You becomes my business. It's simply paying somebody's debt.

You forgiving the debt still doesn't make it your business. It would be the same as you paying the debt.

It not being your business refers to the fact you cannot have the suspension instituted nor can you request it be lifted. Paying the debt or forgiving the debt is not you having any control over the license status.

I posted the rule of law. If a caseworker deviates from that it is the caseworker deviating from the rule of law.

As to her professional license being suspended; I accepted your statement.

So, it appears somebody is lying to somebody.