Q:
Can child support take money out of both of our checks in the state of Ohio? Is it likely they will:
They have taken half of my check at my first job for six kids, I just started my second job today will they take from that one also
A:
Michael’s answer:
Child Support Enforcement Agency can take child support from any sources of income. So, yes. They will most likely garnish your wages from both checks up to the amount you are ordered to pay, or the statutory limit they can take. They can take up to 60% of your income (based on certain circumstances).
Q:
How Can I get my case closed?:
Okay, so I told my doctor while I was pregnant that I had smoked weed before. before I knew I was pregnant. now I tested negative my whole pregnancy, I tested negative at the time I gave birth to my daughter, my daughter’s urine came back negative and her meconium came back negative and CPS, Still picked up a case on me because I’ve admitted to smoking before, now I have to take routine drug screens, as does my husband every week. I have to leave my child with a babysitter and go take these stupid drug tests for no reason I’m clean? They have come home they can’t find anything wrong. Why won’t they leave me alone? How Can I get out of this they have no reason to be investing in me?
A:
Michael’s answer:
It looks like you are in Cuyahoga County, and I don’t regularly practice there. It is unclear to me if CPS has gone to court and gotten an order for Protective Supervision. If that is the case, then there are certain court orders that you have to follow; like leaving a drug screen at the request of the case worker or the guardian, protective daycare, etc. The only way to get out of that is to file a motion with the court to terminate protective supervision. The Court will likely set it for a hearing and you must show that it is in the child’s best interest that the Court terminate protective supervision.
If there hasn’t been a Court case yet, you are probably doing all these things “voluntarily.” (Though it probably doesn’t seem all that voluntary to you.). You can stop doing what CPS asks of you. However, this very well may trigger them to go to Court and ask to make all these things a court order. This would likely extend the process, and make your life even more difficult.
The best advice I can give you is to do what CPS asks with a smile on your face and a bounce in your step. They will eventually grow bored with your case, and move on to a family that does need their intervention.
Q:
Ex-husband can’t/won’t refinance and refuses to sell house.:
When my ex-husband and I filed for our dissolution, we completed the paperwork ourselves. For the sake of just getting it done and over with, I signed off on it without really doing some homework. The only thing he wrote regarding the mortgage/house is that he is to retain possession of the house and I was to sign a quit claim deed. I was advised not to sign the quit claim deed until he either assumed the loan or refinanced it. He denied the assumption (wouldn’t give me “specifics”). He now is stating he will “look into” refinancing. I mentioned (because it’s been fairly civil until this point) that if the refi gets denied, we will need to sell the house. He is refusing to do so (sell the house) and is not sure now if he will even look into refinancing because I have, for lack of a better statement, pissed him off. So my question is, since I signed off on dissolution papers stating nothing about refinancing/selling, am I essentially screwed? Or do I have any options? Just would like some opinions before I invest in a lawyer – which, I know, should have happened in the first place.
A:
Michael’s answer:
It is all going to come down to exactly what the judgment entry of dissolution says. That will define everything regarding your rights and responsibilities and what you can do about it if he doesn’t follow through on his responsibilities. You definitely will need a lawyer who can interpret your rights and enforce them. Most likely you do have remedies and can have him found in contempt of court and/or be awarded damages.