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Ohio Child Support Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Ohio on
Q: What are my options for recourse in Ohio if a butler county juvenile court employee informed me incorrectly?

Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: If I am summond to court for divorce how can I get help with an attorney if I do not have funds and she has one
T. Augustus Claus
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answered on Aug 28, 2023

If you are facing a divorce and cannot afford an attorney, there are resources available to help you navigate the legal process. Many states have legal aid organizations that offer free or low-cost assistance to individuals who meet certain income criteria. These organizations can provide guidance... View More

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1 Answer | Asked in Divorce, Child Custody and Child Support for Ohio on
Q: I worked PT for my entire 10 year marriage to my ex. We have two kids (11 &7). Will they impute my income if I review?

My ex is active duty Army, and stationed in GA. Although we have a shared parenting plan, I have our children 90% of the time. Between school, sports, and extracurriculars working part time is hard enough. I worked part time for the entirety of our marriage (10 years), so that I could still parent... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 23, 2023

It is certainly possible for a court to impute income. It is at the court's discretion. You make compelling arguments as to the limits on your availability. There are many factors that can be considered by the Court.

In Ohio, child support is determined following state guidelines...
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1 Answer | Asked in Divorce and Child Support for Ohio on
Q: My ex husband lied on his signed affidavit of income & expenses. What are my options to hold him accountable?

I have the necessary information (tax returns) to prove he is lying about his income. He has actually lied in all three affidavits. This is for a child support modification in Lorain County, Oh.

They have dragged this out for almost 6 years. I am now representing myself because I can no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 21, 2023

You will need documentation to prove he lied. Then you will need to cross examine him regarding the questions he lied about , get him to confirm his affidavit answers then produce the conflicting documentation (assuming that you lay down appropriate foundation and can authenticate the exhibits.... View More

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: My daughter with her mother moved to Tennessee in 2017. Do I have to keep paying child support after she turns 18?

She turned 18 and graduated high school. She plans joining the military and has a job. The case was transferred to Tennessee and now Ohio where I live. Legal age here is 18 but since the order originated in PR the court is going by the 21 legal age.

Todd B. Kotler
Todd B. Kotler
answered on Aug 9, 2023

The Court and CSEA must follow the language in the latest support Order. You may file a motion to terminate support based on your daughter's emancipation once she is sworn into her enlistment. The court will then arguably have authority to rule on the matter. This is no guarantee but your... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: How can I file for my child’s fathers rights to be revoked in ohio

I have a daughter who is 18 months old. Her biological father is on the birth certificate but has not done Anything for her in over 6 months. Can I file for abandonment and have him removed from the birth certificate and his rights revoked? He is on child support and has not paid one payment. I... View More

Nicholas P. Weiss
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answered on Jul 25, 2023

If you are unmarried, he already has no rights. Ohio law does not provide for any custody or visitation for an unmarried father absent a court order. You don't have to do anything.

If you would like to strip him of any parental rights, the only way to do that is through a stepparent...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Ohio on
Q: What happens if the plantiff doesn't initiate genetic testing within the 14 days the court told him to?

On June 5th 2023, the plantiff challenged DNA on two children he signed the birth certificate for so he can stall on paying child support. He was given 14 days to initiate the test and I have called and called and it's been well over 14 days and LabCorp hasn't ever heard from him. What... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 16, 2023

Please remember that this forum is no substitute for hiring an attorney of your own. If you do not have an attorney I strongly urge that you get one, especially if you're divorce has been going on for 2 years. If you do have an attorney please pay attention to the advice that you receive.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: My friend just lost a custody battle to the mother but she had made false accusations and lied about documents in court

Lawyer has not responded back to me since April mother and her partner have history of child abuse even both getting kids taken away before. Broke into home we had together lied about stealing my items then later admitting to both lawyers she has it also made false domestic violence claims causing... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 19, 2023

I am not sure I see an actual question here. Often a loosing party feels like they would have won if the Court only knew that the other side lied about something. While witness credibility is important, courts consider many non-exclusive factors when determining the best interests of a child.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I no longer want my child, but my spouse does. If I abandon the household, but pay my spouse, will I be charged?

My spouse wants the child, works full time and I did not sign up to be a full-time caretaker after an unwanted pregnancy. If I abandoned the household and moved, possibly to another state, but paid my spouse a significant chunk of money every month to support the child will I go to jail for child... View More

Todd B. Kotler
Todd B. Kotler
answered on May 4, 2023

If you leave your child in the care of your spouse you will not be criminally charged. Your spouse may seek and likely get an order compelling you to pay child support. Ohio is a no-fault divorce state so the two of you may terminate your marriage for any reason, including incompatibility. Your... View More

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: How can I get my father to pay the past due child support he owes that he never paid .
Matthew Williams
Matthew Williams
answered on Apr 25, 2023

You can talk to the child support enforcement folks at your local prosecutor's office, but he probably owes that money to your mother, not you. So, they would be more likely to listen to her complaint than your complaint. Of course, before encouraging the State to go after your dad you should... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I am wanting to legally sepe/divorce from my husband and we have minor children I would like support ordered for him to

I'm not able to afford and honestly don't even know where to start to get the process going

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2023

Terminating a marriage is a difficult decision to make, even more so with children. If you file for divorce, you could ask the court for temporary child support, temporary spousal support, and for your spouse to pay your attorney fees while the divorce is in process. Use the Find a Lawyer tab to... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: What are my rights as far as child support? I wanted a civil dissolution but now ex hasn't helped in 4 months.

My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... View More

Nicholas P. Weiss
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answered on Jan 16, 2023

If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Question about my first court date after objection of child support order.

Will I need a lawyer for this court date, for the tax exemption, and my Fathers rights? And will a shared parenting plan be a separate court hearing after this one?

Nicholas P. Weiss
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answered on Nov 9, 2022

Custody and child support are held in separate proceedings. If you are still at the administrative level, which I suspect you are if you filed objections, then CSEA has very little wiggle room on child support calculations. Typically you would seek to have the order adopted by the Juvenile court... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Where can I get a probono lawyer? also if my case just ended am I able to now file a new case in a different county ?
Nicholas P. Weiss
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answered on Apr 8, 2024

There is not enough information here to answer your questions. Assuming that this is a custody issue in fairfield, ohio, jurisdiction follows where the children reside, so you would have to file any custody action there. In addition, courts will not allow you to relitigate custody actions unless... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My son has 3 kids, 5 and under. Never married to the Mother. They are now split. He pays her bills but no legal rights

Basically… There is no support order, visitation, or father’s rights set up. She does not work.My son has a good job, works 7 days a week. Came back home(parents) to get his bills back on track. he is behind on many. What direction can He take to get paternity, visitation, support all legal in... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2024

Depending on the county a paternity action (sometimes called a motion to establish parental rights and responsibilities) costs anywhere between $6-7K. Look for an attorney who practices family law in your grandchildren's county.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: How do I go about filing abandonment charges on a father who knows about the child and has never been there?

He is currently on child support and hasn’t paid. I currently have sole legal custody of the child for him wishing death on him.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

There isn't really a charge for abandonment. If he has not paid child support yet, it is likely that CSEA has not yet started garnishing his wages. I recommend contacting CSEA for a status update on garnishment.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: Does paying cash medical support mean I don't pay copays?
Todd B. Kotler
Todd B. Kotler
answered on Feb 1, 2024

No, cash medical covers the out of pocket costs the obligee is expected to have to pay him or her self.

1 Answer | Asked in Child Support for Ohio on
Q: How is it possible that I went in front of a Magistrate and was told I didn't owe anymore child support how can this be.

Because my adult children needed to sign some papers out and because my daughter wouldn't they now say I still owe between 16,000 to 18,000 how can I owe anymore after the magistrate said it was paid off

Todd B. Kotler
Todd B. Kotler
answered on Dec 30, 2023

This question is impossible to answer without a transcript of the hearing and a copy of the child support worksheet. You need to get both of these to an attorney and pay for that attorney's time to review them

2 Answers | Asked in Divorce, Family Law and Child Support for Ohio on
Q: If a noncustodial parent gives up parenting time, do they still pay the same amount of child support?

My ex-husband is choosing to give up his weekly parenting time due to conflicts with our teenagers. Does he need to continue to pay child support, and if so, does that amount change?

Todd B. Kotler
Todd B. Kotler
answered on Dec 16, 2023

This isn't a simple yes or no question. Parenting time factors into child support. However, to know if it is going to impact your support one would need to analyze your current support calculation. It would be worth your while to invest in actual time with a local attorney.

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1 Answer | Asked in Child Support for Ohio on
Q: If your child support comes directly out of your paycheck can you still be held in contempt of court for non paymeif?

I was recently held in contempt for non payment because I was a self-employed insurance agent and was struggling with the economy. I have followed all the court orders to date and have quit my job and began working full time where the money comes out automatically. Why am I still being charged with... View More

Nicholas P. Weiss
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answered on Dec 7, 2023

You likely have an outstanding arrearage that you need to satisfy. When you go back to court you will need to ask to purge the contempt by showing good faith efforts to make payment.

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