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What is Child Support And When Does It Occur in Ohio?
In Ohio, when a separation, dissolution, or divorce occurs between a married couple, the court presides over child custody and child support issues. The law grants child custody, and the court gives parental responsibilities and rights to a parent or spouse after the dissolution of marriage, divorce, or separation. The various factors to be considered by the courts when deciding the appropriate legal custodian of a child involved in a domestic relations case are governed by the Ohio Revised Code, and the court is typically concerned about what is best for the child. Child support is decided by the Department of Job and Family Services using the Ohio Child Support Calculator, which considers the parents' gross income, the absence or presence of daycare fees, and the cost of health insurance for the minor, among other factors. Shared parenting is also a phenomenon that has recently been allowed in Ohio, which allows both parents to have a say in decisions about the children. However, only one parent retains residential rights for the children for school purposes. Child support payments are enforced by each county's Child Support Enforcement Agency (CSEA).
Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused
Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.
What is Ohio Child Support?
Child support in Ohio is a progressive financial contribution a parent makes for their child's benefit and care after the marriage or relationship ends. The child support order is generally issued by either the local child support enforcement agency or the domestic relations court in the locality. Child support involves periodic payment of a certain amount to the custodial parent who shows support and cares for the child or children after their relationship has ended.
What Does Child Support Cover in Ohio?
Child support is meant for a child's essential needs, like food, shelter, and clothes. Basic coverage of the child's medical expenses is also included by the court, even though a different order is issued for other medical expenses that might need to be covered. Per Ohio Domestic Relations Children Section 3119.86 and Section 3119.83, expenses like educational costs, uninsured medical expenses, and extracurricular expenses are not included in child support coverage. In Ohio, both parents share the cost of the child support, but the party with a higher earning power carries most of the cost.
What is the Average Child Support Payment in Ohio?
Child support is calculated according to the Ohio Child Support Guidelines and the parents' income. The Ohio child support statute guides the percentage annual child support amount depending on the total annual income of both parents and the number of children they have. Because of the differences in parents' income and the number of children, an estimated average child support payment cannot be ascertained.
How Do I Apply for Child Support in Ohio?
Various requirements and steps guide the application for child support in Ohio. The first step is obtaining a court order, which may be done personally or through an attorney at the Ohio Child Support Office.. Paternity of the child should be established before a child support order is issued in the case of single mothers who were not married to the child's father, and the paternity test is carried out by the Office of Child Support Enforcement present in the mother's locality. Establishing a child support order may be done in one of two ways; administratively and judicially.
The administrative process of child support is conducted by a hearing officer at the Child Support Enforcement Agency, and the child support amount due to either party is calculated using the Ohio Child Support Guidelines. The process is typically faster and informal because the need for a court hearing is scrapped, except in cases where one of the parties involved disagrees with the decision reached by the hearing officer. For those who prefer the judicial process, divorced couples are scheduled for a hearing presided over by a magistrate or judge who decides the child support amount. This process generally takes longer, as the hearing might not be scheduled for six months or more after applying. The court also retains the power to decide on amounts as per the Ohio Child Support Guidelines.
The child's medical insurance is one of the most important issues to be addressed by a child support order, and the parents are expected to have evidence of their income (pay stubs or tax returns), health insurance details, and other documents found on the hearing's list. Some of the required documents to process a child support order include;
- Valid identification (driver's license or passport)
- Birth certificate of child or children
- Custody orders
- Divorce decree, marriage certificate, and where applicable.
- Paternity test results
The filing fee for child support orders through the Ohio Child Support Office costs $25, although those who currently receive Medicaid or Temporary Cash Assistance for Needy Families do not get charged this fee.
How do I Get Out of Paying Child Support in Ohio?
For children born during marriages, the husband is thought to be the biological father of the child, and if the child's paternity is not questioned before the marriage is dissolved or during divorce trials, then court-ordered child support cannot be contested. However, a provision for modification of the child support order involves requesting an administrative review from the local child support enforcement agency or court. The review is based solely on the party's financial state. Modification review is only allowed 36 months after the initial order, although a few exceptions exist. The parents are contacted within 15 days if the request is approved, and the necessary information is to be submitted within 45 days, even though the review might take months before it is concluded.
Some of the few exceptions to when the request for modification can be made before it is 36 months according to Chapter 3119.71, include when the party is:
- Laid off from work and currently unemployed
- On active military duty
- Permanently disabled
- Jailed or in rehabilitation with no income for child support.
What is Back Child Support in Ohio?
Back child support is missed payments, which violate their legal obligations and court orders. The non-custodial parent who does not make the support payments as they are due can be held in contempt of court, which is punishable by fines and/or jail time.
How Do I Get Back Child Support Paid in Ohio?
In the event of back child support, the custodial parent can file a motion in court asking the judge to order the other party to appear in court and explain why the periodic payments have been missed. If found in contempt of court, the party may be fined and jailed, and the sentence depends on the circumstances of that particular case and the judge's discretion. The sentence serves as an encouragement to pay the arrears. An alternative is reporting the non-custodial parent to the child support enforcement agency, which then uses one of its numerous methods to ensure compliance with the support order per the Ohio Revised Code Chapter 3123. The methods include:
- Withholding Order: The Child Support Enforcement Agency can seize the non-custodial parent's income or wages.
- The income tax refunds can be intercepted and used to cover part of the arrearage.
- A court may order the non-custodial parent to seek employment and report back to the court on the job search.
- The driver's license or state ID card may be suspended to ensure compliance with the child support order.
- The child support enforcement agency may also access financial accounts to pay the child support fees.
Is there an Ohio Statute of Limitations on Child Support?
Under the various conditions and sections of Ohio Revised Code Chapter 3123, there is no statute of limitations for child support payment and all the arrearages should be paid.
