Both parents have a legal obligation to financially support their child, regardless of whether they were ever married. While most parents take their child support responsibilities seriously, a parent may sometimes fall behind on payments or simply stop making them. When that happens, child support enforcement may become necessary. Importantly, if a parent fails to make court-ordered child support payments, there are certain measures the other parent who is owed money can take when it comes to enforcing child support.
How Can Child Support Payments Be Collected?
Court-ordered child support payments may be made through a variety of means in Ohio. However, payments are not typically made directly between parents. Direct payments are considered a gift under ordinary circumstances and would not apply to satisfy a parent’s child support obligation. Under Ohio law, payments must be made and administered through Ohio Child Support Payment Central. Ohio Child Support Payment Central is the accounting system and legal entity behind what most people know to be Ohio’s Child Support Enforcement Agency, or “CSEA.”
While child support can be paid by check, credit card, cash, money order, and other payment methods to the Ohio Child Support Payment Central, it can also be directly withheld from various income sources, including:
- Wages and earnings
- Unemployment compensation
- Disability payments
- Workers’ Compensation
- Pensions
- Bank accounts
While most parents make payments on time voluntarily, there are several methods that can be used by each Ohio county’s Child Support Enforcement Agency (CSEA) for enforcing child support — and collecting payments that are overdue.
Tools for Child Support Enforcement
If a parent who owes child support (called the “obligor”) falls behind on required payments to the Ohio Child Support Payment Central for more than one month, it may be necessary to take action to help ensure payments are made. In such cases, the parent who is receiving child support (called the “obligee”) can request that the CSEA enforce the order. The CSEA has a number of tools available for enforcing child support in Ohio, including the following:
- Withholding wages — A portion of a non-paying parent’s wages may be withheld from each paycheck for the purpose of paying child support or catching up past-due support.
- Withholding other sources of income — A wide range of income sources can be used to satisfy child support obligations, including self-employment income, government benefits, disability benefits, pensions, annuities, and unemployment compensation. These payments are generally deposited to banks, and a withholding order can be placed against a bank account
- Intercepting state and federal tax refunds — Both federal and state tax refunds can be intercepted to pay past-due child support.
- Driver’s license suspension — In order for drivers licenses of non-paying parents to be suspended, they must have failed to pay at least 50% of their total monthly support obligation for a period of at least 90 consecutive days.
- Recreational license suspension — Recreational licenses, such as hunting, fishing, and watercraft licenses, may be suspended through the Ohio Department of Natural Resources if a parent fails to comply with a child support obligation.
- Suspension of a professional license — The CSEA has the authority to notify any professional licensing boards if a non-paying parent is delinquent in paying child support.
A lien on a parent’s real estate may also be imposed, preventing sales or refinancing until the support debt is paid. Under federal law, serious arrears can lead to passport denial or revocation.
If a parent is unemployed, a court or the CSEA can also issue a “seek work” order. This order compels the parent ordered to pay child support to actively seek employment or engage in work activities under the Ohio Works First program. These measures demonstrate the State’s commitment to having child support enforced.
Can You Collect Child Support Arrears in Ohio?
In addition to enforcing child support payments moving forward, an obligee parent may also be entitled to pursue the arrears. In order to satisfy the arrears that are owed, the CSEA may withhold the past due support from income, along with the current payments. For cases involving $150 or more in arrears, the CSEA can request that the non-paying parent’s state and federal tax returns be intercepted. Assets held in financial institutions may also be seized to pay the arrears.
If the case is brought into court, the non-paying parent may be ordered to pay interest, fines, court costs and attorney fees, on top of the arrears.
If the obligor moves to a new state, the child support order can follow, and under UIFSA (the Uniform Interstate Family Support Act) a support order from one state can be registered in another, granting the receiving state authority to enforce it under the procedures provided in that state’s laws. If an order from another state is registered in Ohio, the CSEA in Ohio can collect just as if it were an Ohio order from the start.
Can Jail Time Be Imposed for Missed Child Support Payments?
While the CSEA has a variety of enforcement tools to ensure child support payments are collected, a parent may also file a contempt motion with the court, requesting that the Obligor parent be held in contempt. If the judge finds that the parent is in contempt, monetary fines or even jail time can be imposed. A parent might be ordered to do community service instead of spending time in jail.
While non-payment itself is evidence of contempt, a non-paying parent may be able to raise several defenses. For instance, a parent would no longer be required to make current child support payments if the child was emancipated, joined the armed forces, or there was a change in allocation of parental rights or legal custody awarded to a non-parent. Of course, any past-due support in any of these situations would continue to be due until the entire amount is paid in full.
Impossibility to pay is a defense, but it must be clearly shown as a necessity and not a choice. An unexpected involuntary loss of job, disability, or other situation making funds more than tight could allow a parent to avoid fines, jail time or other methods seeking to enforce a support order.
Contact an Experienced Ohio Child Support Attorney
If you are facing a child support issue, a skillful child support attorney can protect your rights and guide you through the legal process. From enforcing child support payments to pursuing arrears, Melissa Graham-Hurd and Associates is committed to providing reliable representation to both custodial and non-custodial parents for a wide range of child support matters. From our office in Green, we work with clients in Summit and Stark Counties, Ohio. Schedule a consultation today to learn more.
