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Ohio Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I pay child support for my 3 kids but the mother won’t let me see them there has been no order of custody how do Ic them

I filed for visitation but since there is no order of custody the visitation paper was not accepted

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

You need to file a complaint for the allocation of parental rights and responsibility and for parenting time. If you are in Cleveland, this can be done at the Cuyahoga Juvenile Court. You need to establish a custody order first.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Separated not divorced. Two separate states non court shared parenting can My ex Keep our child ? Is that legal.

Separated not divorced. We live in two separate states. I have my son all the time he goes to school while with me and I let his dad take him for visits.

we go outside of the court system for visitation. I have our son enrolled at school with me. I have him on my welfare case and medicaid.... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If there is no court order for legal separation or parenting, then you will have to file with the court to start that process. With two states, it will be complicated, time-consuming, and expensive. Use the Find a Lawyer to retain a local family law attorney to review the situation and advise you.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Separated not divorced. We live in two separate states. I have my son all the time and let his dad take him for visits.

we go outside of the court system for visitation. I have our son enrolled at school with me. I have him on my welfare case and medicaid. I let his dad come get him when he doesn't have school or for a holiday. He told me the other day that we won't let me have him back. Please can I have... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If there is no court order for legal separation or for parenting, then you will have to file with the court to start that process. Living in two different states will make it more complicated, time consuming, and expensive. Use the Find a Lawyer tab to retain a local divorce attorney who can... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Ohio on
Q: Can Unwed couple in Ohio work out child support outside of court.

Is it possible for an Unwed mother and father (name not on birth certificate) to work a deal outside of court. We have after research we have agreed on an amount to give and that the father will not be in contact with the child. Is there any legal issues with this? I won’t be filing for... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

The father is taking a big risk here. If you turn around and petition for child support, your out of court arrangements may or may not be honored by the child support enforcement agency and courts. It's safer for everyone involved to do it officially. If he wants to provide additional support... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I filed for a divorce with children. My ex has the paperwork. Shes not responding to it. What happens next?

We have a year old daughter who lives with me. She is not responding to the divorce. What will happen?

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 24, 2020

If she's been appropriately served, the court will convert the divorce to an uncontested case. This means you will need to submit a proposed judgment entry ahead of time and present some evidence as to the divorce.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: My ex is refusing to pay child support because he gave me a "gift" and now wants that to be considered support.

After he mailed me the (10k) gift he went on to get his 3rd DUI in under 10 years and decided he wanted the gift back. Since he didn't get it he stoped paying support and is now saying he will take me to court over it. Can his "gift" be considered support if it was made outside of... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 20, 2020

If the support order required child support payment only through CSEA, then his payment would not be counted. CSEA can pursue him for unpaid child support, and you can file in court to have him held in contempt if he doesn't pay child support. Use the Find a Lawyer tab to retain a local... Read more »

2 Answers | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Ohio on
Q: I am fighting to remain in my daughters life. Her attorney is asking for documents already given. And my EIN paperwork.

He was given most of the documents already.

He want proof of my EIN.

Taylor P Waters
Taylor P Waters answered on Aug 20, 2020

A talented family law attorney should be able to help you out. Let her attorney know that you already provided the requested documents.

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1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: How can an unwed mother terminate fathers rights who has been absent for 5 years and refuses to pay child support?
Joseph Jaap
Joseph Jaap answered on Aug 14, 2020

Contact Child Support Enforcement Agency about starting action to collect the child support, or file a motion with the court for the father to be held in contempt for non-payment of child support. But there is nothing you can do to make him be involved. Check your local court web site for the name... Read more »

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: Child support order contested.

I took my daughter's father for child support and he's been dragging it on. We had our hearing over the phone and he wouldn't answer and he never even sent in any of his information regarding pay stubs and what not. He doesn't want to pay for her at all and has been marking off... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

If he refuses to provide information then the court will either 1) take your word for it or 2) impute a likely income for him given the information. He cannot evade child support by using a voluntary reduction in income (like FMLA). He can bring it up, but the court won't consider it.

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: Im turning 16 in a few months , ive been struggling with depression and anxiety and child neglect

is it possible for me to get emancipated or move in with a different family member who is more supportive? If my parents agree to emancipation will i be able to get an apartment?

Joseph Jaap
Joseph Jaap answered on Aug 12, 2020

No, Ohio does not permit emancipation except in very rare instances. Teens often have a difficult relationship with their parents. Talk to a family member, teacher, school counselor, or other trusted adult who can help you. Here is more information about the very limited circumstances for... Read more »

1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Ohio on
Q: Is it likely possible my kids father who spends 1/2 a day a week at most with them to get shared time to avoid support?

We have been together off and on over 10 years. I’ve always took care of them and had them with me. He rarely ever spends time with them due to running a buisness and constantly working. No paternity test established other than store bought. He’s not on the birth certificates. I’ve been... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 24, 2020

A court will review all the facts to determine what parenting arrangement is in the best interest of the children. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you.

1 Answer | Asked in Divorce and Child Support for Ohio on
Q: Am I entitled to any equity I Helped pay on a mortgage that I’ve lived at for the past 12 years, my name isn’t present

The house is in her name

Joseph Jaap
Joseph Jaap answered on Jul 23, 2020

Depending on the facts, the house of a married couple can be marital property, and the equity divided in a divorce. It does not matter whose name is on the deed or mortgage. Use the Find a Lawyer tab to retain a local divorce attorney to review your situation and advise you.

1 Answer | Asked in Child Support for Ohio on
Q: Can I get child support if the child has my last name and not the fathers?
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 15, 2020

Yes. Regardless of the name you are entitled to support once paternity is established. If he is already on the birth certificate then this is conclusively established.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: After tpo ended for domest violen he is living somewhere else He didn’t want to make Mortg payments only money for cHild

He has domestic violence charges and left our house 6 months ago, no mortgage payments from him he said that since he is not living here he is not obligated to make payments. He only deposits money for our son. We agree to dissolve the marriage but we don’t agree on the child support amount... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2020

You can't dissolve the marriage unless both parties agree on all details. He doesn't agree, so file for divorce and ask for occupancy of the premises, temporary spousal support to pay household expenses, and child support. Use the Find a Lawyer tab to retain a local divorce attorney to... Read more »

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1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: Im in ohio i have an urgent question about child support

Im in ohio Hi i know a woman who lost custody of her child, but gained it back. The woman who had custody of her child before she got him back had a support order for the biological father to pay. He still owes a lot of back child support. The mom decided not to get an order for the father since... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

The money is due to the recipient named in the child support order, but typically payable by the father to and through the state's Child Support Enforcement Agency, which then passes it on to the named recipient.

1 Answer | Asked in Child Support for Ohio on
Q: If I lost my full time job? Can I reopen up child support case and revaluate the amount paid?
Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 23, 2020

So long as you are involuntary unemployed through no fault of your own, you can request an administrative review of your child support order to seek a reduction in support. If you quit, or were terminated for cause, you will likely not be able to seek a reduction.

1 Answer | Asked in Child Support for Ohio on
Q: Can I waive my right to child support in Ohio?

My husband and I are in the beginning stages of filing a dissolution. He thinks that me having the kids and him just basically visiting would be the best option. The only thing holding him back is that he doesn't want to pay child support. Can I waive my right to child support just so I can... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 1, 2020

You can't "waive" child support because it's for the children, not you. What you CAN do is seek a deviation of what the child support would be down to zero dollars. The court will likely accept it so long as everyone is agreed.

Your only issue here would be the cash...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons mother left the state today after not showing up for her week. Pretrial to put me on birth cert is june 11.

She was supposed to show up she is on probation and left after deciding that day. I have been taking care of him every other week for about a year and on weekends before that. he turns 2 next week. How can i get custody. she also has current problems with drugs and alcohol. I have a whole legal pad... Read more »

Joseph Jaap
Joseph Jaap answered on May 29, 2020

The pre-trial is not the final determination. If you want to improve your chances for custody, then use the Find a Lawyer tab to retain a local family law attorney to help you organize your notes and other information so that you can properly present it to the court.

1 Answer | Asked in Family Law, Adoption and Child Support for Ohio on
Q: I'm disabled and owed child support. The judge told child support not to pursue the matter any farther.

I signed away my rights so my child could be adopted. But it didn't happen and they came after me for support. I hardly survive on my check. But years later had another child and when we went to court the judge said since I had a child and I was disabled they should not pursue the matter any... Read more »

Joseph Jaap
Joseph Jaap answered on May 27, 2020

You'll have to try to work it out with the child support enforcement agency. Give them a copy of whatever order the judge signed regarding your child support. But that might not get them to give you the stimulus money if you had arrears.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: I am 15 years old and want to move out due to many unsafe events. How can i get emancipated or legally move out?
Joseph Jaap
Joseph Jaap answered on May 18, 2020

Ohio does not have emancipation for your situation. So you can't move out. Check this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

It is normal for teens not to like...
Read more »

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