A person who pays child support may not simply stop paying child support on their own initiative. A person must continue to pay court-ordered child support until the child at issue reaches the age of 18 or a court ends the child support obligation.
Child support is payment by a parent who does not have custody of their child to a parent who has custody to help support raising their child. Child support payments are often ordered as part of a final decree of an Ohio divorce or legal separation. Or one biological parent who is not married to the other parent may sue the other for child support.
Ohio has a set of specific child support guidelines that courts use to determine the amount of child support that a non-custodial parent must pay. Ohio uses the “income share” method for calculating child support payments. The goal is to make sure that both parents contribute fairly to the support of their child. A local attorney in Ohio would be able to provide more information.
In calculating child support, an Ohio judge may take into account the fact that the parents share custody. Other special situations that can affect the calculation of child support in Ohio are the cost of childcare and extraordinary medical expenses. These costs may be additions to the basic Ohio child support order.
When Is Child Support Ordered?
In some cases, the duty to pay child support arises from a divorce, as noted above. Or it may arise from a legal separation. A court may issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.
Whatever the type of case in which a child support order is made, as noted above a child support order is legally binding on the parent who is ordered to pay support. There are negative consequences and penalties for failing to pay child support when it is ordered by a court in Ohio.
In Ohio, child support payments are made by a parent who does not have custody to the parent who does have custody. The court calculates child support with reference to the Ohio support guidelines, as noted above. A custodial parent does not pay support because it is assumed that they pay financial support for their child as a natural consequence of the fact that the child lives with them.
In making decisions about child support, an Ohio court considers the following factors:
- The child’s best interest standard and what would serve the best interest of the child
- The type of custody arrangement that the parents have, e.g., whether it is joint or sole
- The age of the child or children on whose behalf the support is paid
- The total number of children each of the parents has
- The income of both parents after deductions
- Additional childcare expenses.
The child support guidelines may be accessed on the website of the Ohio Department of Job and Family Services Office of Child Support, so a person may work out an estimate of the amount they may have to pay.
In some circumstances, a non-custodial parent may also have to pay retroactive child support in Ohio. For example, the child might have lived with one parent while their divorce was in progress and the parent who did not have custody did not pay any support. If that is the case, a court might order the non-custodial parent to pay child support for this past period of time when the divorce is finalized.
How Is a Child Support Award Enforced?
The Ohio Department of Job and Family Services Office of Child Support supervises the state’s child support program. Each county has its own child support enforcement agency (CSEA) that manages cases in that county. The Ohio Office of Child Support sets the policies and guidelines for child support based on federal and state laws.
In Ohio, the agency known as the Child Support Payment Central (CSPC) handles the collection and distribution of all Ohio child support payments. So, a parent who has been ordered to pay child support would send their payment to their local CSPC.
If a person who is obligated to pay support fails to pay as required, the CSPC will make every legal effort to enforce a court’s order. This would include all available methods of debt collection, including the following:
- Garnishing wages
- Putting liens on real property
- Reporting the past due debt to the credit reporting agencies
- Levying bank accounts and tax refunds.
A person who is obligated to pay child support should expect their local CSPC to do everything within its power to collect the full amount owed.
How Can I Avoid a Child Support Increase?
If a person is curious as to whether the law entitles them to a change in their child support award, they may want to talk to an Ohio family law attorney to determine what their potential obligation could be.
It is important to note that the guidelines do not automatically adjust an award of child support. A parent who wants an increase would have to petition the court to modify their support order with the appropriate Domestic Relations Office in their county. Another possible approach is to negotiate an increase with the paying spouse.
A paying parent might wish to discuss the recent modifications to child support law with an Ohio family law attorney.
How Can I Stop Paying Child Support?
Of course, the obligation to pay child support ends when a child reaches 18. However, child support does not end automatically on the day of the child’s eighteenth birthday. Under certain circumstances, it may end before that date or after it as follows:
- The child is 18 but continues to attend an accredited high school on a full-time basis;
- The child is 19 years old, and the court order does not require support to continue past the child’s 19th birthday;
- There has been a change in custody for the child;
- The child has been adopted, and the paying parent’s parental status has been terminated;
- The child gets married;
- The child enlists full-time in the military;
- The child is legally emancipated;
- The child is deported;
- The parent who pays child support or the child passes away.
These are all reasons to close a child support case.
Do Child Support Payments End Automatically?
The parent who receives child support has the responsibility to notify the child support enforcement agency (CSEA) that child support should end. Of course, the person who is obligated to pay may not want to wait for the person who receives the support to contact the CSEA. They may take the lead and let the CSEA know that their obligation should come to an end.
The person who pays child support should understand that if the person who receives it does not notify the CSEA that the child support payments may cease when they should, they may be held in contempt of court and suffer the consequences for that. So the parent who receives child support should be motivated to notify the CSEA that it is time for child support to stop when the time comes.
How to Get Child Support Arrears Dismissed
Sometimes, a person may fall behind on their basic child support obligations. It is not legally possible for a person to end their child support if they owe past due child support payments. Accordingly, a person should work out a plan to pay off any unpaid child support debt that they may have. A lawyer should be contacted if there are specific questions about a motion to dismiss child support arrears.
Do I Need a Lawyer for Help with Terminating Child Support?
If you have concerns about child support, whether you pay it or receive it, you want to talk to an Ohio child support lawyer. LegalMatch.com can put you together with an experienced lawyer who can analyze your situation, answer your questions, and protect your rights. It is always a good idea to have an experienced lawyer on your side.
