The Administrative Hearing Unit of the Cuyahoga Support Enforcement Agency is located on the main floor of the Virgil E. Brown building at 1640 Superior Avenue, Cleveland, Ohio. We are an administrative agency authorized by Ohio law to conduct certain types child support hearings. However, we are not a court and we do not determine issues of custody, visitation, past care, or maternity expenses. Our authority includes conducting hearings on paternity establishment, support order establishment, order modification, mistake of fact requests, emancipation and termination proceedings, administrative suspension and reinstatement of child support, determination of arrears, and other related matters. If you have received a request to appear for an Administrative Hearing, please read your notice thoroughly. The notice will provide detailed information as to the time and date of the hearing, as well as what kinds of documentation you should bring with you. Each party is entitled, but not required, to bring a representative to the hearing if they wish. If you are under the age of 18, you must bring your parent or legal guardian with you. Failure to attend your Hearing may necessitate the Cuyahoga Support Enforcement Agency to request the appropriate court to issue an order requiring compliance.
If You Have Received a Notice of Administrative Hearing to Establish a Support Order or CSEA Administrative Order, Establishment of Paternity:
The primary purpose of an Administrative Hearing to Establish a Support Order is to determine the financial responsibility due the child or children from the Non-Custodial Parent. Your notice to appear requires that you bring documentation, which will verify and confirm past and current income. This documentation may include pay stubs, tax returns, expense vouchers, employer statements, and proof of health insurance and child care expenses. The Hearing Officer will review this information and calculate the child support obligation using the
State of Ohio legally mandated child support guidelines . The Hearing Officer is not permitted to deviate from these guidelines. Upon conclusion of the hearing, an order to pay support will be sent to both parties by mail. The obligation to pay support begins on the day the order is issued. A wage attachment is issued at the same time. It is the responsibility of the
Obligor to make payments of support up until the time money is taken from his wages. If the obligor needs to make payments, they are to be sent to the
Child Support Payment Central in Columbus, Ohio. If you disagree with the support order, you may file an objection with the Juvenile Court within 30 days of the date the our Administrative Order is issued.
If You Have Received a Notice Regarding Adjustment and Review, or Modification of Your Order:
Periodically, child support cases may be reviewed to determine whether or not the child support order should be modified. If the Cuyahoga Support Enforcement Agency determines that the order is eligible for review, a support officer will gather income and other information from the
Obligor and the
Obligee . The Support Officer will then determine what the current support obligation should be based upon the
state legally mandated child support guidelines . If there is a 10% change in the child support order, either upward or downward, a new child support order will be issued. These recommendations are mailed to the parties involved with the new child support order. If one or both of the parties disagrees with the new order, they may request a hearing with the Administrative Hearing Unit.
At this hearing, both parties will be given the opportunity to present any information, which supports their objection to the Support Officer's recommendation. The Hearing Officer will examine all prior information and any new data. The Hearing Officer will also listen to pertinent testimony. The Hearing Officer will not re-run the modification guidelines unless it has been determined that an error had been committed or there exists an omission of relevant information. The Hearing Officer does not have the authority to deviate from the legally mandated guidelines. Each party will receive the results of the hearing by mail. Either party may object to the findings by filing an objection with the proper judicial court within 15 days of the signature of the findings. Filing an objection does not change the effective date of a modification, which is the first day of the month following the original review and adjustment.
If You Have Received a Notice of Administrative Mistake-of-Fact Hearing:
When
Obligors are delinquent in the payment of support obligations more than 30 days, the Cuyahoga Support Enforcement Agency may send AAn Advanced Notice To Obligor Of Default And Potential Action". This document informs the Obligor of the amount of unpaid support that is owed. Support that is over 30 days due is called arrears. Note that arrears may also include spousal support. This document will also request an additional payment not to exceed 20% of the monthly support order to be applied toward the arrears until they are paid in full. Once the arrears are paid, the additional payment amount will be eliminated. If the Obligor objects to the arrears, he or she may request a Mistake-of-Fact hearing. This request must be made within seven days of receipt of the Advanced Notice of Default. The scope of the Mistake-of-Fact hearing is limited to whether the Advanced Notice of Default was mailed to the proper party, the amount of arrears, if any, that may exist on the case in question, and the amount of the additional Administrative Order for payment on arrears. No other issues will be addressed at a Mistake-of-Fact hearing. During the hearing, the Hearing Officer will review the Cuyahoga Support Enforcement Agency records and documentation provided by the parties and determine if a payment default exists and the amount of additional support ordered to be paid for arrears. A determination will be sent to the parties. If either party objects to the determination, the party must file a motion with the Court within seven days of the signing of the order by the Administrative Hearing Officer.
If You Have Received a Notice Regarding Emancipation and/or Termination of Your Order:
Parties may receive in the mail Findings and Recommendations from a Support Officer regarding emancipation and/or termination. These findings and recommendations may be based on the age of the child, high school graduation data, a change of legal custody between the parties, or the marriage of the parties. The process of emancipation and/or termination is the direct result of legislation passed by the Ohio lawmakers commonly referred to as Senate Bill 180. You may request an administrative hearing for emancipation and/or termination findings within 30 days of receipt of the recommendations if you disagree with them. The scope of the emancipation and/or termination hearing is limited to whether the child support Order should be terminated due to the emancipation of one or more of the children from the support Order, change of legal custody, and/or marriage of the parties in an administrative case. During the hearing, the Administrative Hearing Officer will review all the data to determine the following:
- Should the order be modified and/or terminated due to emancipation?
- What is the effective date of emancipation/termination?
- Are other children subject to the order?
- Are there arrears on the case?
- Was an Order to impound funds issued?
After review, the Hearing Officer will prepare the appropriate Order and /or findings and recommendations. Copies will be forwarded to the parties and the appropriate judicial court. Either party has 30 days to file a motion with the Court if they disagree with the order and/or recommendations issued by the Administrative Hearing Officer.
If You Have Received a Notice of Administrative Hearing for Any Other Reason:
If you have a support Order starting with the letter "P" you have an order for support which originated in the Administrative Unit of the Cuyahoga Support Enforcement Agency. It is an Order that has never been referred to a court. There are three kinds of "P" administrative Hearings. They are suspension, un-suspension, and determination of arrears. If both the Custodial and Non-Custodial Parent are residing together, it is possible to request a suspension of support whereby the Non-Custodial Parent is not obligated to pay child support as long as they reside in the household and the child is not receiving public assistance. If the Non-Custodial Parent leaves the residence, the "P" administrative order may be unsuspended and an order for child support may be reissued. In both of these instances, there must be an affidavit from the Obligee stating the parties are or are not residing together.
There may also be a need to have a Hearing to determine arrears, or the amount of child support that is past due for a "P" Order administrative case. This usually happens when there is an issue of direct payments. These are payments that are received directly by the Obligee from the Obligor as opposed to being processed through the Cuyahoga Support Enforcement Agency or the Ohio Child Support Payment Central. Both parties must agree that direct payments were made. There can be no credit of direct payments to offset money owed for receipt of public assistance. If there is an agreement by the parties for direct payments, an Administrative Agreed Judgment Entry will be issued. Note that this type of entry will be allowed only one time. Thereafter, all direct payments will be viewed as gifts. Additionally, as a result of the hearing, the Agreed Judgment Entry may also include an Order to pay an additional amount toward the arrears remaining due on the Order. A copy of the findings will be mailed to the parties upon completion of the review.
For Information on How to Request a Continuance of a Hearing:
You may request a continuance of your Hearing by showing good cause. An emergency situation may necessitate the request for continuance of a hearing. Examples of emergency situations include illness of one of the parties, death in the family, or a car accident. In a non-emergency situation, a request for a Hearing continuance must be received one week prior to the scheduled hearing date. It must be submitted in writing. The request should be FAXED to 216-443-5226. The party requesting a Hearing continuance must state the reason for the continuance. A request for a Hearing continuance does not guarantee that it will be granted. If it is granted, the parties will be duly notified. Hearings are usually rescheduled within two weeks of the original hearing date.