Child Support
Who has the duty to pay child support?
How long does the duty to pay child support last?
How is child support determined?
How is gross income determined child support purposes?
What if a parent quits their job or refuses to work?
Can the amount of child support be modified at a later date?
What about health insurance and medical expenses for the child?
How does the court assure payment of child support?
What if the obligor doesn't make his/her child support payments?
Who has the duty to pay child support?
In Ohio, a biological parent of a child, a man determined to be the natural father of a child pursuant to law, an adoptive parent, a parent who has acknowledged paternity has a duty to pay child support.
How long does the duty to pay child support last?
The obligation to pay child support continues until the child reaches the age of 18 or is otherwise emancipated. The obligation will continue beyond the age of 18 as long as the child is enrolled in high school. If the child has "special needs" due to mental or physical disability, the duty to pay support may continue beyond the age of 18 if the child cannot support him/herself.
My child will turn eighteen next month. How do I stop the child support that has been ordered in my case?
Ohio law requires the person receiving child support to notify the Child Support Enforcement Agency of the child turning 18. The person paying support may also make this notification. When the Child Support Enforcement Agency receives this notification, it impounds future support payments, and investigates the case. If all obligations have been met, a recommendation is made to the Court that the support payments be terminated, or that support continue and be applied to any arrearage that is owed.
Alternatively, the person paying support may file a Motion To Terminate Support and a Motion To Stay Dispersal with the court. The Motion To Stay Dispersal will require the Child Support Enforcement Agency to hold all support they receive until the Court rules on the Motion To Terminate Support. The Court will schedule a hearing to determine if support should be terminated.
How is child support determined?
The Ohio Supreme Court has established guidelines to be used in the calculation of child support. Specific worksheets are used to make this calculation. The child support guideline schedules are presumed to be the proper unless the court determines that the amount is unjust, inappropriate and would not be in the best interests of the child based on specific statutory criteria, and enters specific findings of fact to support that determination.
How is gross income determined child support purposes?
Gross income is the total of all earned and unearned income from all sources during a calendar year, including, but is not limited to, salaries, wages, overtime pay and bonuses, commissions, royalties, tips, rents, dividends, severance pay, pensions, interest, trust income, annuities, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, benefits received by and in the possession of the veteran who is the beneficiary for any service-connected disability under a program administered by the Department of Veterans' Affairs or Veterans' Administration, and spousal support actually received from a person not a party to the support proceeding. For members of the United States military or National Guard, gross income includes, but not limited to, amounts representing base pay, basic allowance for quarters, basic allowance for subsistence, supplemental subsistence allowance, cost of living adjustment, specialty pay, variable housing allowance, and pay for training or other types of required drills; self-generated income, and cash flow from any source.
I need child support for my children, but my spouse refuses to participate in the divorce. How do I prove his income so that the Court will order child support?
Some written evidence, such as an old pay stub of your spouse or old tax returns, is needed for the court to issue a child support order. Usually, a subpoena is issued to your spouse's employer. The subpoena will require the employer to appear in court with your spouse's payroll records. If there is no written evidence of your spouse's income, the court may order a minimum support payment of $50 per month.
What if a parent quits their job or refuses to work?
If a parent is voluntarily unemployed or underemployed, the court will use the sum of the gross income and any "potential income" of the parent to attribute income to the parent. Potential income is the income a parent could earned if fully employed based on the parent's employment potential and opportunities in the community. The court may also impute income from non-income-producing assets, such as a coin collection, stamp collection, or undeveloped real estate, for example.
Can the amount of child support be modified at a later date?
If a material change in the circumstances of the child or one of the parents occurs, then a child support order can be modified. A motion to modify child support must be filed, as only the court can determine if there has been a change in circumstances. If the court determines there has been, then it will set the new amount of support. A material change would include a change in the needs of the child or employment of a parent. When considering a modification of child support, the court will recalculate the amount of support using the child support worksheet and guidelines. If the recalculated child support amount is ten percent more than or less than the existing child support order, then the court would consider this a change of circumstance that justifies a modification of the child support order.
What about health insurance and medical expenses for the child?
In addition to child support orders, the court is required to order that one or both parents provide for the health care needs of the child. Either parent or both parents may be required to pay any amounts not covered by insurance.
How does the court assure payment of child support?
When the court has issued a child support order, a "withholding order" is typically made. A withholding order usually requires the employer of the parent obligated to pay child support (the "obligor") to withhold the child support from the paycheck of the obligor and to pay that amount directly to the child support enforcement agency. If the obligor is self-employed or unemployed, the court may issue an order requiring the obligor to post a cash bond with the court to secure payment. If the obligor is receiving workers' compensation payments, the court may require the bureau of workers' compensation to withhold the support from the obligor's workers' compensation benefits. If the obligor is receiving retirement benefits, the court may require the entity paying the benefits to withhold the support from the obligor's pension benefits.
What if the obligor doesn't make his/her child support payments?
If child support is not being paid, the proper procedure is to file a Motion to Show Cause. The motion must specifically identify the support order that is being violated. The motion must be supported by an affidavit stating how and when the order was violated. After the motion is served on your former spouse, it will be set for hearing. At the hearing you will be given an opportunity to present evidence to support of your motion. If the court finds that your former spouse is in violation of the support order, the court can find them in contempt of court. If found in contempt of the support order, your former spouse can be ordered to pay the costs of the contempt hearing and attorney fees. Your former spouse can also be ordered to jail under certain circumstances. If you were not married to your child's parent, child support for that child is administered through the Juvenile Court.
I have not received my child support and/or spousal support check. Who do I call to find out the status of these payments?
The Court does not keep track of or send support checks. All support checks are issued through the Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio 43218-2372. You may call 1-800-860-2555 to see if a payment has been posted to your account.
My spouse and I still get along. We have agreed that we do not want the Child Support Enforcement Agency to handle our child support and spousal support. Can we agree that the payments be made directly between the two of us?
No. Ohio law requires that all child and spousal support must be made through the child support system and that neither the Court nor the parties can waive this requirement. As a result all support orders will require payments through this system.
I have been ordered to pay child support as of the date of my final hearing. Since it will take six to eight weeks for the support to be withheld from my pay, is there anything I can do to provide for the support of my children and avoid being behind in these payments?
You may begin making payments by sending your check to: Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio 43218-2372. These payments will be processed only when you also provide the following information: 1) Your name; 2) Your social security number; 3) Your State Enforcement Tracking System (SETS) number; 4) Your Domestic Relations Court (divorce) Case Number. If you have more than one support case, please supply complete information for all cases.
If you are considering a dissolution or uncontested divorce, please call 216.225.9181, Email, or use the contact form to schedule an initial consultation.