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Active Military Service and Child Support | Columbus Ohio Attorney

Adjustment in child support obligation is available to obligors called to active military service

 

Child support obligors whose income is reduced due to being called to active military service can prevent financial hardship or falling into child support arrears by seeking a modification of their child support obligation.  This relief can be significant because if the child support is not paid pursuant to the Court orders that are in effect, the obligor can be charged with contempt of Court and could potentially be subject to incarceration.

 

Ohio has made it possible for child support obligors, who are called to active military service for a period of thirty days or more, to request an immediate review of their child support order for the purpose of obtaining a modification of the amount of support required under the prior order.  These provisions are contained in Ohio Revised Code §3119.77 and the associated sections that follow.

 

The request for modification must be submitted to the child support enforcement agency that is currently administering the order.  The request must specify that the reason for the modification is the obligor’s active military service and must include with the request a copy of the orders or other appropriate documentation specifying the commencement date of the obligor’s active military service and the monthly monetary compensation for that service, together with documentation of any other income.

 

In order to facilitate the process, the servicemember may provide the child support enforcement agency with a military power of attorney executed pursuant to 10 U.S.C. 10446, designating another individual to act in their behalf during the administrative review and modification.  By designating another individual to so act on behalf of the obligor, the obligor waives any right of an appearance and any right to request a stay of the action or proceeding under the Servicemembers Civil Relief Act, but this allows the matter to proceed in their absence.

 

If a child support obligation is modified pursuant to this provision, the modification relates back to the later of the date the child support enforcement agency sent notice of the review or the first day of the month in which the obligor’s active military service begins.

 

The new order shall specify that the modification will terminate and the prior amount of support be reinstated as of the first day of the month following the date that the obligor’s active military service ends.  (Pursuant to the modification order, the obligor is required to provide written notice to the child support enforcement agency of the date of the obligor’s termination of active military service prior to the last day of the month in which the active service ends.  However, if after the termination of the obligor’s active military service, it becomes apparent that the obligor’s employer has violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C., This violation shall constitute a change of circumstances sufficient to permit a new review of the obligor’s support obligation, based upon the obligor’s then current employment situation.

 

 

Franklin County Juvenile Court | Franklin County Attorney

Franklin County Juvenile Court Starts Use of Electronic Filing

The Franklin County Juvenile Court began its initial trial phase of accepting the “efiling” of pleadings and other documents on December 3rd 2012.  After working out the issues that may arise, it is expected that mandatory “efiling” will begin in early 2013.   The Juvenile Court “efiling” process builds upon the initiation of mandatory “efiling” in the Franklin County Domestic Relations Court and the General Division during the summer of 2012. 

 

Electronic filing (efiling) is the name for the process whereby complaints, answers and subsequent pleadings are filed with the Clerk of Courts.   In Franklin County, the process is now the required method of filing pleadings and documents in the General Division and the Domestic Relations Division of the Court.  Computer terminals are available for the general public to file their documents via the “efile” method.

 

The Juvenile Court  had delayed it deployment of the “efile” process in order to address the special considerations present in Juvenile Court cases.  Whereas the filed pleadings in the General division and the Domestic Relations Court are available to the public, documents filed in the Juvenile Court are confidential.  Therefore, the controls on access to the documents are much more stringent. 

 

The Law office of Brian S. Piper is equipped to handle the “efiling” of documents in the Franklin County Courts and in the surrounding counties that have begun utilizing the “efile” process.

Brian S. Piper CO., LPA Westerville Ohio Attorney | Welcome to the blog

Divorce Attorney Westerville Ohio. 555 west schrock rd. westerville ohio 43081

Brian S. Piper CO., LPA is a law firm in Westerville Ohio that focuses on family law.  Mr. Piper is a Westerville Ohio attorney.  Welcome to our blog!  This blog will provide you with additional information on our practice and current topics.

We devote our practice to the handling of traditional Family Law issues: divorces, dissolutions, child custody, child support, pre-nuptial agreements, adoptions and domestic violence. We also handle numerous other situations that impact families such as: Wills, Trusts, power of attorneys, guardianship, estate administration, purchase or sale of real estate, small businesses, traffic and criminal offenses (including juvenile offenses).  We also handle legal separation, shared parenting, spousal support (alimony), and grandparent rights.

This diversity in our practice provides us the ability to handle situations that overlap between various disciplines of the law: the divorce where a small business is involved; or the dissolution that involves real estate or inheritance. Our knowledge in these multiple areas assures you that we can deal with the complexity of your situation and that we have the experience to guide you through your case. That we are a family law office also describes the relationship we form with our clients. Many of our clients say with pride: “Brian is our family’s attorney”

Brian S. Piper CO., LPA services Westerville Ohio, Columbus Ohio, Delaware Ohio and surrounding counties.

Please check out our website at http://www.attypiper.com to learn more about our practice.

You can contact Brian S. Piper CO., LPA at 614-895-8950.  You can also use This Form to contact us with your questions.  If you would like to visit the office our address is 555 West Schrock Road. Westerville, Ohio 43081.  We look forward to hearing from you and helping you.

 

Divorce Attorney Westerville Ohio. 555 west schrock rd. westerville ohio 43081