Q: My employer is taking to much child support out of my paycheck. If they continue do I have a legal option?
I pay child support biweekly. I was on STD and got behind but paid cash to cover the back amount plus the current month to get my balance to $0. My employer continues to take the adjusted amount out of my paycheck even though I have provided documentation that I am not behind on support. I’ve contacted the child support agency and they told me they are unable to do anything and I need to talk to my companies HR. My employer has said they will not make the adjustment unless they receive a court order but my case never went to the courts and I cannot get a court document. They are refusing to make the adjustment and I will not receive an overpayment check until my order is done in 5.5 years. If I talk to them again about adjusting the amount taken out and they refuse do I have any legal grounds to make them stop?
A: In the state of Ohio, Cash payments made directly to a parent instead of the Child Support Enforcement Agency is considered a gift. The parties can file an agreed motion and order to reduce child support by the amount of the cash gift and file it with the court for a judge's signature. The agreed order will need to include a directive for the Child Support Enforcement Agency to reduce the arrearage by the amount dictated in the ordered. The Child Support Enforcement Agency is not obligated to do anything when cash payments are made. Parents can make direct child support payments by phone, in person and online.
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