My question involves child support in the State of: Ohio
I am representing a client who would like several post-decree motions filed. He had an attorney during his divorce, then let them go and represented himself pro se until now, with poor results. I am a newer attorney and I would like some assistance on how I should title some motions and some general civil procedure. I am just beginning my own practice and unsurprisingly, law school left me less-than-prepared for the practical parts of law practice.
My client was divorced in 2007.
As part of the decree, he is ordered to pay X in child support and Y in spousal support.
He is and has been able to pay all of his child support, but he cannot pay his full spousal support (the result of DIY divorce work, which I will be helping him correct later). His former wife has involved the Child Support Enforcement Agency (CSEA) to enforce the order of the decree. She received CSEA legal assistance and continues to do so. She was on government assistance (which is why they provided legal counsel) and, though she is now employed, continues to be represented by CSEA.
CSEA has effectively lumped together the spousal and child support payments together; thus, while he is fully compliant on paying child support, he is deficient on paying spousal support and CSEA has taken several enforcement actions against him. They are using child support enforcement tools on him because they are considering that he owes X+Y and that even if he satisfies X (child support), they can still take corrective and punitive actions against him.
My client would like:
-his driver's license reinstated, as he pays all of his child support each month. CSEA's attorneys said that they would only do this with a court order. This was before I became involved.
-his business bank account protected from CSEA taking funds. He previously had his account cleaned out by CSEA, causing him to bounce several checks and lose a client.
-Ideally, for CSEA to completely remove itself from enforcing the spousal support order, since he has had no issues with paying child support.
I am capable of writing these motions, but I come to the forum to ask a couple of procedural questions.
How do I title these motions? We are asking the court to:
1. find that his child support is current and
2. to reinstate his driver's license and prevent CSEA from rescinding his license unless he fails to pay child support.
3. Prevent CSEA from accessing his business account.
We would like the court to make a specific finding of fact that our client has paid his child support and is current on that and that the only outstanding debts are spousal support arrears, and thus order the BMV to reinstate his license.
I would ideally like to tackle the bank account issue and the child support payment recognition in one motion, but when I called the Clerk of Courts today, I was told that all motions to the court must be filed separately. Can the court hear multiple issues in one motion?
I had come across the statute for a writ of mandamus in the Ohio code. This isn't appropriate here, is it? My reasoning would be that CSEA has declared in open court that they will not reinstate a license absent a court order. But, CSEA isn't the agency that can grant a license, the BMV is, and CSEA just refuses to tell the BMV to do what they should do.
Any help would be appreciated.