Ohio Child Support Enforcement

In Ohio, child support payments are legal court orders. The Ohio Department of Job and Family Services (JFS) handles child support services once the judge issues an order. Under Ohio law, (ORC § 3121.03) JFS deducts support payments from the payor parent’s paycheck or other income.

Failure to pay court-ordered child support can result in fines, suspension of driver’s licenses and other professional licenses, and criminal contempt charges (ORC § 2919.21). Read on to learn how to open an enforcement case with the Child Support Enforcement Agency (CSEA) and what happens after.

Determining Eligibility

If you have a child support order it should include payment instructions. Payors make child support payments through the Child Support Payment Central (CSPC). If you’re not receiving payments, you need to open a case with your local child support enforcement agency (CSEA).

Others who are eligible for child support enforcement services include:

• Those receiving aid from Ohio Works First (OWF)

• Those on Medicaid

• Foster care recipients

If you do not have an existing order or receive services, your local CSEA will help you set up an account, locate other parent(s) and complete paternity establishment if necessary. Under Ohio law, the noncustodial parent is responsible for paying child support, on the presumption that the custodial parent spends their support payment directly on the child.

Medical Support Orders

Ohio law requires both parents in a child support case to provide cash medical support (§ 3119.302) for the child’s medical expenses. Judges must include a separate medical support order requiring both parents to cover additional costs and split the expense in all child support orders.

Modification and Termination

In the state of Ohio, parents can have a support order reviewed every 36 months, or sooner if there has been a substantial change in circumstances. Qualifying changes include:

• Changes in employment or unemployment

• Permanent disability

• Incarceration or institutionalization

• Layoffs or pay cuts

• Changes in workplace health insurance that affect the child

Parents should not make changes in their support payments without notifying CSEA or the courts, since the office of child support services processes all payments. If an obligor parent cannot make the support payments for any reason, notify the local or county CSEA.

Support orders should end when the child is:

• Emancipated, enlists full-time in the military, adopted, or dies

• Turns 18, or turns 19 and the order did not require support past high school

• If the parents remarry

The obligor parent may not terminate payments simply because the child is being adequately supported by another party.

Enforcing a Support Order

When a parent has a final support order, CSEA sends an income withholding notice to the obligor parent’s employer. Ohio state law requires payroll deduction to ensure prompt payment and regular distribution of support payments.

If the obligor fails to pay, or falls behind on payments, CSEA has other options to enforce payment such as:

• Withholding unemployment payments, worker’s compensation, or other government payments

• Garnishment of state and federal tax refunds

• Suspension of driver’s licenses and passports

• Suspension of business, occupational, and recreational licenses (including firearms permits)

• Liens on real estate or personal property

• Contempt of court citations

Criminal Prosecution

If an obligor parent continues to fail to make support payments, CSEA can file contempt charges. Since the Ohio child support program wants parents to pay their support obligations, judges prefer not to send non-paying parents to jail. However, failing to pay for 26 weeks in a two-year period can result in a felony charge of criminal non-support (§ 2919.21).

A first finding of contempt may result in 30 days in jail, plus court costs. Felony charges may result in up to five years in prison. The offender must still pay all unpaid child support.

Federal Enforcement

If the non-custodial parent moves out of Ohio, the support order is enforceable under the Uniform Federal Family Support Act. This Act is applicable in all U.S. states. If you need help locating the other parent, the federal government has a Federal Parent Locator Service.

Other Resources

• Child Support Enforcement FAQs

• How Do I Locate a Parent for Child Support

• Enforcement and Collection of Back Child Support

Get Legal Advice from an Ohio Family Law Attorney

If you need help enforcing or modifying a child support order, you need case information and other details about the other parent. Discuss your legal matters with an Ohio family law attorney to protect your rights and those of your child.