Asked in Child Support and Family Law for Ohio

Q: How likely is it for someone to go to jail over back child support in Ohio state?

The person pays the mother monthly with a portion of their paycheck even when they don't get to see the child, there is no existing child support order due the fact of paternity not being established as of yet.

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
Answered
  • Canton, OH
  • Licensed in Ohio

A: Under these facts no one is going to jail. If there is no order, there is no arrears. If there is a pending case, the Court may award arrears, however, the obligor will have an opportunity to pay back them back over time. Seeing the child is a separate matter from whether one must pay support. The obligor should contact an attorney who regularly practices family relations law in whatever county the child resides, and file a motion to establish paternity, and parental rights and responsibilities.

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