We Need Your Help

Make a tax deductible donation to CDS at CROWDRISE.COM

Children Deserve Support Foundation (CDS) was established to assist Cuyahoga County custodial parents who do not receive the financial support for their children as ordered by the court.

Ohio ranked 47th in the nation with regard to child support collection. Cuyahoga County ranked last in the state. Our State Representative agreed that we are the worst of the worst and isn't surprised that 20,000 people have left the county in the past few years. 
(3rd quarter 2014 Federal report)

Ohio children are owed $4.5 Billion in back child support. Cuyahoga County children are owed over $1.4 Billion with only 8.8% of cases being families of "limited means". The 91.2% of cases are parents who have the "capacity to pay" and are willfully not supporting their child. "Hiding" income to avoid paying the proper amount of support is common. Could these non-supporters hate their ex more than they love their child? Do they realize that their child is the one who suffers? 

Many custodial parents are forced to take additional employment just to keep a roof over their head and food on the table. This leaves children to be shuffled to caregivers or left on their own. Children need the physical presence and emotional support of a parent to be well adjusted and flourish. Society needs to be concerned for the future of these children.

CDS is an advocate for custodial parents. CDS's secure web site provides a place for parents to share their case information and issues. CSEA has agreed to expeditiously review cases that CDS forwards.

One way that CDS will assist is to have Free Legal Clinics for custodial parents who do not receive their court ordered support. Attorneys will assist parents to file default motions Pro Se with the court to eliminate legal fees. This is crucial. A moratorium for CSEA filing any juvenile default motions against non-supporting parents has been in place since December 2013. Non-supporting parents know it's unlikely that they will be brought to justice. Kids have to wait while the government gets their act together, so CDS is stepping up to help. The county is not their last hope.

Another opportunity for CDS to help is to host Continuing Legal Education Seminars for attorneys, magistrates and judges to keep them current regarding the true state of Child Support in our county. The intention is to reform the system to become more efficient, eliminate loop holes and work in the best interest of children.

CDS has rattled some cages!  We have been acknowledged by the Secretary of State, the Ohio Supreme Court, the Cleveland Metropolitan Bar Association, Cuyahoga County Family Services and the Cuyahoga County Child Support Enforcement Agency (CSEA). CDS met with State Representative Nan Baker who was very interested in our initiative. She was able to expedite a meeting for CDS with the Director of Job and Family Services, Executive Director of CSEA and the Policy Analyst for Cuyahoga County.

CDS is excited to present our ideas:

• License plates for criminal default (like DUI)
• Work program to bring arrearage current
• Expedited judicial hearings with definitive action
  
  A program modeled after the Rocky River Municipal Court -Traffic Div

We have partnered with the Cleveland Metropolitan Bar Association, Dress for Success and Child Support Recovery Service, a private collection agency. We are working toward a relationship with Providence House.

CDS has been working tirelessly over the past year to reform the current Child Support situation in Cuyahoga County and assist the custodial parents who are affected. We all know someone in this situation. Please help us to ensure fair child support policies to benefit the children rather than providing a battle ground for parents.

We have personally funded our initiative and now we need your help. You will receive an email acknowledging your tax deductable donation as allowed by law. Donations will be used for an aggressive marketing campaign to reach custodial parents, general public awareness, web site maintenance, Free Legal Clinics, Continuing Legal Education Seminars and operating expenses. Additional funds will directly benefit children in need who are not being supported as ordered by the court.

If everyone gives something today, our vision and mission can be accomplished.  Do something amazing and help CDS help these kids!!  

Children Deserve Support Foundation is grateful for the generosity of its donors and strives to be exceptional stewards of these gifts.

MISSION STATEMENT: Children Deserve Support Foundation is a non-profit organization focused on ensuring children receive child support as ordered by the courts by creating awareness to authorities of the adverse effects on families due to inconsistencies in the child support system, and by providing sources of assistance to families not receiving support as ordered.  As a 501(c)3 organization founded by people affected by the child support system, we remain dedicated to helping children within the system receive the support they deserve by serving as a liaison between officials and families.

Visit our website: www.ChildrenDeserveSupport.org

Make a tax deductible donation: CROWDRISE.COM  

Child Support Policies = Mysteries in Ohio

“Financial Institution Data Match” (FIDM) an enforcement technique that even the state is not clear on. The purpose of FIDM is to identify accounts belonging to non-residential parents who are delinquent in their child support obligations. Once identified, these accounts may be subject to “freezing” and “seizing” by the county Child Support Enforcement Agency – according to Ohio Department of Job and Family Services.

Issue: Cuyahoga County CSEA Rep tells custodial parent “CSEA can only process one bank account attachment every 6 months”. Ohio policy states at least “quarterly action”.

CDS Research 

CDS Asked a Customer Service Representative of the Ohio Department of Job and Family Services Office of Child Support - Customer Inquiry Call Center “please explain why Cuyahoga County can process bank accounts every 6 months while your (Ohio) policy clearly states “quarterly”?” 

Answer: “A very good question but I don’t know anything about this policy and my supervisor won’t know either. We just field questions and give numbers for the correct departments”. 

CDS was directed to Ohio’s Child Support Payment Central. 

Answer: “We only collect payments and disperse”. 

The state’s office then routed us back to Cuyahoga County’s CSEA. 

Ohio Policy

Text Messaging as a Form of Child Support Enforcement

In October, 2014 CDS was told a study was conducted to determine most effective methods of collecting child support from those willfully not paying. In late 2014 a new enforcement tactic was implemented. As an alternative to suspending drivers licenses for willful nonpayment (among other enforcement actions) text messages are being sent by CSEA to obligors as reminders to pay their child support payments. As the project was so new effectiveness could not at that time be determined.

CDS Asked:  What was the cost for the research/study that resulted in text message procedure as an enforcement tactic?

Answer: Cost to Cuyahoga County = $-0- 

Answer was provided by Tom Lempke, Manager Office of Child Support Services Cuyahoga Job and Family Services - 12/05/2014

moratorium

moratorium
[mawr-uh-tawr-ee-uh m, -tohr-, mor-]
noun, plural moratoria

1. a suspension of activity:
2. a legally authorized period to delay payment of money due or 

the performance of some other legal obligation, as in an emergency.
3. an authorized period of delay or waiting.

CSEA case worker stated: "A one-year moratorium has been placed on all judicial enforcement actions for juvenile cases." to an obligee… and we had questions. An email was sent 3/11/2015 to Cuyahoga Job and Family Services:

CDS: 3/11/2015
We were contacted by a custodial parent after a conversation with CSEA. Her CSEA case worker told her: "A one-year moratorium has been placed on all judicial enforcement actions for juvenile cases." If this is true, what is the explanation? Is there advice for families that need assistance? Do you have any suggestions as to how we can direct people to assist them and elevate the work load at CSEA?

Cuyahoga Job and Family Services: 3/12/2015Yes, in order to improve the timeliness and effectiveness of the contempt process, we did stop filing contempt actions in juvenile court. We are in the process of resuming contempt actions now, and anticipate filing our first actions within the next week or so.

CDS:  3/13/2015 5:54 PM  

I am sorry my initial email was misleading. CDS's intention is to "alleviate" the work load at CSEA (rather than “elevate” as I mistyped). Can you tell me the following:
 What date was the moratorium initiated?
 What prompted the moratorium?
          Understaffing at CSEA?
          Prosecuting attorneys overload?                       
          Judicial System backed up?
Who initiated the moratorium?
          CSEA?
          Judicial System?
          Prosecuting Attorneys?
What alternatives are custodial parents given?
How do you intend to prioritize the number of cases that are back logged?
A large number of custodial parents have turned to us for help and hope.
Can you guide us?
Specifically - What alternative actions are available?
How will they be able to have their case heard in a timely fashion?
Do you suggest private Child Support programs?

Cuyahoga Job and Family Services: 03/23/2015 10:50 AM
We stopped filing contempt actions in Juvenile Court in December 2013, because at that time there was a significant backlog of cases on the Juvenile docket for both contempt actions and purge review actions. This time allowed us to focus on utilizing administrative remedies, and also for the court to address backlog issues.
We continued to exhaust administrative remedies, including contacting parents to obtain payments; location of employment and assets for the issuance of income withholding orders; referrals to employment readiness programs to assist with barriers in maintaining employment; FIDM actions which seize money from bank accounts; passport denials; income tax offset; criminal non support felony charges; etc. I would continue to encourage parents to contact us to discuss their case specifically. It is always helpful if they can provide us with as much information as possible about the non-residential parent.
Here are also a couple of links to federal guidance on judicial contempt actions which will guide our use of this enforcement remedy.

www.acf.hhs.gov/programs/css/resource/turner-v-rogers-guidance
www.acf.hhs.gov/programs/css/resource/alternatives-to-incarceration

The Juvenile Court and Prosecutors office have both been excellent partners in working to find ways to address these issues. Child support cases are heard by magistrates who only address child support issues. We are currently reviewing cases which did not get filed previously, and focusing on cases that match the screening requirements. I cannot take a position on recommending private collection agencies. As with any contract, I would highly recommend that parents understand what they are agreeing to before entering into the contract. For example, how much will the collection agency retain? What services are they providing?

Note from CDS:
Interested in an alternative? Consider a private child support enforcement agency.  

Child Support Recovery Service (a member of the “Child Support Enforcement Council”).

“It is unfortunate to see child support cases that government agencies have been unable to provide assistance for. If you are a custodial parent that has been unable to collect court ordered child support then we suggest trying an alternative route. A private agency such as Child Support Recovery Service not only will give your case the individual attention it deserves, but you can try it risk free. If we are unable to collect for you then there is no cost. If you are struggling to care for your child without the support of the other parent, then the chances are that you do not have the money to spare for an attorney and you do not have the time to wait for the CSEA to collect. Let us help. You do have another option.” www.childsupportrecovery.com

Deadbeat parents have priority over unsupported children in Cuyahoga County

The last fourteen months my child and I have been trapped in a system that works in the best interest of deadbeat parents rather than the unsupported child.

The biological father of my child has refused to divulge his address, skipped court dates and never made a single attempt to financially support his child. By the time our divorce was granted, the baby was nine months old. Our magistrate ordered the baby’s father to pay support retroactive to his birth. Instead of ordering full reimbursement, she decided to add $50 per month for nine months of arrearage in order to make it easier on him. He was ordered to pay only one third of the medical expenses within ninety days.

After not receiving any child support for three months, I phoned the Child Support Enforcement Agency (CSEA) to inquire. CSEA did contact the father after 90 days and granted him a one week extension. I phoned CSEA after that week had passed and was told the CSEA manager “was feeling generous and gave him an additional thirty day extension”. Translation: My child can go another thirty days without money for milk and diapers.

After six and a half months of no support, the deadbeat’s license was suspended. I believe it was my “squeaky wheel” approach that encouraged the CSEA attorney to file a motion with the court to intervene. The court accepted and his trial date was set.

I was required to attend his hearing, which was at 8:45 in the morning. Special arrangements were made for the babysitter to arrive earlier than usual and I had to miss a half day of work. It is the court’s standard practice to allow an extra thirty minutes for all parties to arrive. I sat outside the courtroom for thirty five minutes… away from my child and away from my job. The deadbeat never appeared nor did he call.

The result of the meeting with the CSEA attorney and the Magistrate was a possibility of the deadbeat being found in contempt of court. The final decision would be up to the judge.

Days later I received the final ruling. The deadbeat was found in contempt of court for not appearing; not for non-payment of child support. He was fined $500 and given the option of 200 hours of community service. His court fees were $70, all to be paid within thirty days to the court, nothing to the child. If he does not pay or do service time, there would be a possibility of jail. I am failing to see how either punishment benefits the child.  The deadbeat is currently hiding in Florida; therefore the penalty is not enforceable unless I initiate action through the Uniform Interstate Family Support Act.

Additionally, it was ruled that this non-supporting parent does not have to make up for missed support payments. The court simply added $20 to future payments until the arrearage is paid… and no interest for his late payments.

Serving community service only benefits the government; they receive free labor. Two hundred hours is the equivalent of five, forty hour work weeks. It would be far more beneficial for the offender to be ordered to get a part time job, with all earnings being directly deposited to the child’s account until they are paid in full. There are several companies who would be willing to hire these people, with no long term commitment or risk of filing for unemployment benefits. Employers should be given tax relief for participating in such a program. This way, the child would be the beneficiary, not the government.

The court also informed me that his court ordered $13,500 reimbursement for medical expenses was my responsibility to collect. To date this payment is over 150 days past the deadline set by the magistrate. I was told that I would have to file separately for this and suggested I hire an attorney, which is not an option at this time. I am a single working mother and sole supporter of a toddler. This would require me to take more money and time away from my child as well as my job to file additional paperwork to enforce the court’s ruling. I am a single working mother and sole supporter of a toddler. I pay for all housing expenses, food, medical care, day care, clothing, diapers, formula, toys, equipment and all other needs of a growing baby. How is this right in the eyes of the court?

Our deadbeat is also the biological father of another young child which he has failed to pay support for over four years. Before June of 2013, his driver’s license was suspended twice for non-support of his first child. CSEA failed to notice they were suspending an expired license. This penalty had no effect. Based on a promise over the telephone that a check was in the mail, CSEA reinstated his driver’s license. That check never arrived, thus the child did not receive any support. The second time his license was suspended, he paid $200.00 to reinstate his license. This is heinous considering he owes over $14,000 in back support for this child alone.

This deadbeat is already well aware that he is the priority, not the child, in the eyes of CSEA and the Cuyahoga County judicial system. He plays the game well.

I have come to realize that it is a far more serious crime to not appear for a court date than it is to not make court ordered child support payments for fourteen months or four years. I feel the court does not value children or the custodial parents.

The court appoints more than “fair” amounts for support based on income. The median support payment is $280 per month and the median monthly cost to raise a child is $840. Giving leniency to non-supporting parents is completely unfair to the child and custodial parent. Something has to be done. Our children are valuable and deserve to be a higher priority than missing a court date!

#ChildSupport   |  #ChildrenDeserveSupport

Single Mom’s Guilt

I hear it too often; "I feel so guilty, I'm just not enough". There are so many single moms who are struggling every day to provide for their kids. The majority do not receive the child support that is fair, or the harsh reality, anything at all. Even the moms who have jobs that provide a good salary and benefits are riddled with guilt... guilt that can't stay home, their kids are shuffled around or there is no dad present.

Moms of today were most likely raised in a two parent home where, chances are, mom stayed home. What you know is what you think is right. The definition of "family" has changed. The new definition of family, as written by a world renowned hospital, is "your family is who loves you". Good for the families that consist of a dad, mom and 2.5 kids. The other 50% of the population should not feel inferior. There are beautiful families with very well adjusted children where the parents or guardians are two women, or two men, a mom and a grandma, or a mom and uncle who is involved. The combinations are endless.

I have seen single moms lavish their children with material things to make up for the lack of a father. One mom was surveying the Christmas gifts, wondering if it was enough for her two year old who hadn't even grasped the concept of Santa. My thought was yes, enough for five kids! There are other moms who can't put a hot meal on the table every night. But no matter what the situation, being mom is enough.

There was an article written by a young man who was raised by a single mom who waitressed at two restaurants. His father was financially successful, remarried with children and lived in a big house. The father had regular visitation, took him on vacations and bought him every fun thing a kid would want but he was never allowed to take anything home. What this young man did not realized was his father didn't pay his fair share of child support, which was why his mother's life was a daily struggle. What was so heart warming, was this young man did not remember all the toys his dad bought or the vacations he went on. What he remembered with great fondness was his mom taking walks with him, holding him at night, reading stories, having her full attention at dinner. His life with his mom was humble, but he said he would always choose mom.

In the reality show, The Walburgers, Donnie Walberg from New Kids on the Block and Blue Bloods, often refers to his humble childhood. There were nine kids and his dad drove a bread truck. They never had anything new, shared beds and often had cereal for dinner, but dinner was always at the table with the family. His love for his mother is obvious and he tells her so often. She always says, "I did the best I could". Donnie always replies that she was the best and they didn't know any different. They were all happy.

In this fast paced world where you must always be available, there are a few things you can do to make sure your child feels like he is your priority. Sit at the table for dinner, even if it is only mac n cheese, without your cell phone. When you are reading to your child at night, don't keep checking your email. That makes them feel like anything else is more important.

I had quality conversations and got the most information out of my kids when we were in the car. We didn't have cell phones then, so they were a captive audience. Turn the radio off. You will be amazed at how open your child will become when there is no distraction. More often then not, they would start the conversation. They would discuss more than their daily activities, they would talk about their feelings. Moms, you are missing out if your kid is strapped in a car seat and you are on the phone.

Make your kid feel like they are your priority. Before you know it, they will be grown and your heart will ache for time with your child. At the end of the day, your child will look back on their life and remember how they felt, not what they had or did.

Nothing else matters.

Single moms, lighten your burden. Cast off the guilt. You are enough!

#ChildSupport   |  #ChildrenDeserveSupport

Cuyahoga County Child Support System Shortcomings - Surprising Culprit

When contemplating the short comings within the child support system most accusatory fingers quickly point at CSEA. Perhaps those fingers are pointing in the wrong direction… consider my experience with the "Power Walking Magistrate".

I had taken yet another entire day off from work and away from my infant to appear in court to finalize a 12 month long divorce battle. I was represented by my attorney at a rate of $275 per hour. 

Our initial meeting with the magistrate commenced with a curt announcement “I want this docket closed”. We were then instructed to come to agreement on our own and then promptly dismissed. Shocking – I thought the magistrate’s responsibility would be to hear our case and form a judgment for the best interest of the child involved.

Our attorneys had finally come to agreement and I was anxious to finally meet with the magistrate and finalize the divorce. My attorney requested my patience… we had a wait in front of us as the magistrate had just left for a “power walk”.

Words for Registered Voters in Cuyahoga County: Do your research before you mark your ballot… we mistakenly put a person on the bench to protect our children rather than the more appropriately suited floor of Bally’s.

Words for the "Power Walking Magistrate": it is shameful your priority is closing a docket versus actually hearing a case and making a judgment in the best interest of the children involved. Congratulations for your improved cardio, sculpted calves and closed dockets; you owe my child $415 for the child care costs and attorney fees I incurred as well as wages I lost in my work absence due to the power walk you took on my time.

#ChildrenDeserveSupport | #ChildSupport