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Ohio Child Support Questions & Answers
1 Answer | Asked in Child Support, Tax Law and Child Custody for Ohio on
Q: Can non-custodial parent file child on taxes despite custodial arrangement?

As the custodial parent, can the non-custodial parent file the child on his taxes because he pays child support? My child lives with me for more than half of the year. The non-custodial parent only gets the child for two overnights a month, starting from January 2025. This is the first time this... View More

Alena Miles
Alena Miles
answered on Mar 6, 2025

Generally speaking, and this is not legal advice, for tax, non-custodial parent can only claim the child if you (custodial parent) provide a written declaration releasing your claim.

1 Answer | Asked in Child Support and Personal Injury for Ohio on
Q: Can I negotiate child support garnishment on a settlement in Ohio?

I recently received a notice from the child support authority in Ohio regarding the garnishment of my personal injury settlement. There is an existing agreement for child support, and despite a 22-year incarceration which prevented me from fulfilling my obligations, since my release in 2022, I have... View More

Nicholas P. Weiss
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answered on Mar 4, 2025

You can try, but they have very little reason to accept less than the amount owed.

0 Answers | Asked in Child Support and Civil Litigation for Ohio on
Q: Can I sue my mother for misusing child support funds in Ohio?

Can I sue my mother for misusing child support funds intended for my benefit? I discovered through the bank that, instead of using the money for my needs, she spent it on non-essential items like food and games. I don't live with her, and we've confirmed she's not using the funds for... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: What are my rights concerning parental alienation in Ohio?

I am having issues with my ex-husband, who is using financial means to control my relationship with my daughter. I am currently unable to see or speak to her, and supervised visits have been set at $2,000 a month, with a custody evaluation costing $11,000. Despite a recommendation from the previous... View More

0 Answers | Asked in Adoption, Child Custody, Child Support and Domestic Violence for Ohio on
Q: Can I terminate my ex's parental rights for abandonment in Ohio?

I divorced my ex when my daughter was a year old, and she is now 6½. He has not seen her since the divorce due to his imprisonment for charges including domestic violence towards me and child endangerment towards her. He has been out for a year, and I inconsistently receive small amounts of child... View More

0 Answers | Asked in Divorce, Child Support and Tax Law for Ohio on
Q: Can a divorcing parent claim all 3 kids on taxes if unemployed?

My son is in the process of getting a divorce, and his ex-wife wants to claim all three children as dependents on her taxes. My son has the children every other weekend and every Wednesday. There is currently no tax agreement, but my son would like to alternate tax claims, with him claiming one... View More

0 Answers | Asked in Criminal Law, Child Support and Civil Litigation for Ohio on
Q: Is there a statue of limitation for a woman to poke holes in a condom and getting pregnant in Ohio and can I file suit

I have been trapped into having a baby with a woman who bragged to all her family and friends that she intentionally poked holes in condom to obtain my semen

0 Answers | Asked in Appeals / Appellate Law and Child Support for Ohio on
Q: Yes, I was just wanting to see if I could find a lawyer that would take my case on a body attachment for a child support

Yes, I had a court date, but they never sent me the paperwork for the court date. I went to the one in July or sorry in April and they had one in July and I think any paperwork for the July court date. So they put a body attachment out for me

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Ohio on
Q: Leaving father of my kids do I have to let him see the kids or can I keep him away till court comes into it?

I’m leaving my abusive boyfriend and his family and going to my parents. His family is also abusive as well. And would voice recordings be enough proof of them being abusive to keel them away from my kids. Ps I’m leaving today Jan 31 2025

James L. Arrasmith
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answered on Feb 9, 2025

Leaving an abusive situation is never easy, but your safety and your children’s well-being come first. If there is no existing custody order, you are not legally required to allow him to see the kids right now. However, he may have rights as their father, and the court will ultimately decide... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: What to do if my sons dad is falsely claiming abuse/neglect to CPS in retaliation to recently filing child support?

Never married, no custody arrangement in place. I recently filed for child support and coincidentally he filed an abuse/neglect report with CPS. He releases him to me after he takes him every other weekend. He's repeatedly told me he wants me to move away with him and I'm not sure how to... View More

Nicholas P. Weiss
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answered on Jan 21, 2025

If you were never married and there is no custody order in place then you literally have all the power. Unmarried father's have no custodial rights in Ohio unless a court grants them parenting time. You would be within your rights to simply not give him any parenting time. In short, you... View More

1 Answer | Asked in Child Support for Ohio on
Q: In Ohio does CSEA automatically request child support for mother? Or does she have to manually request it herself?

The mother of our kids moved out. Now I have a request to pay child support. She advised it wasn't her doing. Unsure if I'm being lied to or if she the state really would request this without her approval

Nicholas P. Weiss
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answered on May 22, 2024

If a person applies for any public benefits they are required to also file for child support. If she did that, it is possible that she signed up for child support and did not even know that she has done so.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can i move states with my child without the fathers permission?

My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... 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 Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: In the state of Ohio can your friends parents kick your friend out when 18 and still in high school(current junior)?
Todd B. Kotler
Todd B. Kotler
answered on Feb 26, 2024

Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My ex girlfriend just gave birth to a baby that she says is mine, but there are actually questions around the paternity.

How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.

James L. Arrasmith
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answered on Feb 25, 2024

I would suggest taking a few steps to establish paternity:

1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative....
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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: My neighbor has a situation. She has her children living with her but her ex husband still has an order for child

Support that she needs to have changed in the court system. She can't afford a lawyer and I don't think our area legal aid handles these cases anymore. Any advice or help for her appreciated.

Todd B. Kotler
Todd B. Kotler
answered on Feb 25, 2024

She and the ex need to file a joint entry (with the judge's signature) modifying the parenting plan to reflect this new situation. Once that is in place she needs to contact CSEA and provide a certified copy of the filed entry to them requesting the modification of the support award.

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
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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 Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: reaching for some legal help

Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More

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.

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