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Ohio Child Support Questions & Answers
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

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 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 Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: I'm seaching information on filing for divorce involving domestic violence and husband on trial. I'm 7 months pregnant.

I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2024

That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Ohio on
Q: How long does a judge have to complete a journal entry or judgement entry on the child support order case?

Everything was ordered in court but still waiting on entry

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 23, 2024

Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: My child is over 18 and under my medical insurance. Separation agreement says we split medical expenses.

My daughter has anorexia and was diagnosed when she was 15. She’s been in a lot of treatment over the years. Last year she was in a treatment center that cost $15k out of pocket. My seperate agreements states we split medical bills. Does the splitting of medical bills stop when my daughter turned... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

In general the duty to support goes to age18 or graduation from high school, whichever comes later. If she hasn't graduated you may be able to enforce payment. If she has graduated then she is no longer part of your divorce decree and he has no duty to support.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: My boyfriend turns 16 in two months and wants to move out once he is 16. (Ohio)

My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 15, 2024

The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: In ohio, can I get retroactive child support if I filed in June 2023 but it didn't start until November 2023?
Todd B. Kotler
Todd B. Kotler
answered on Jan 4, 2024

The parent seeking retroactive child support will have to file a formal petition with the court. Their petition must specifically ask for retroactive payments for certain dates and needs to include reasons that justify the support award. Reasons to seek retroactive child support include:... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My daughter's father has custody BUT since Sept. 27, 23. she has lived with my mom he has not contacted her. What now?

I pay child support to him, how do I change that to my mother since she has my duagther now?. He does not help nor has he reached out since my child moved to my mother's house in Sept.

Todd B. Kotler
Todd B. Kotler
answered on Dec 11, 2023

This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to... View More

1 Answer | Asked in Child Support and Family Law for Ohio on
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.

Todd B. Kotler
Todd B. Kotler
answered on Dec 7, 2023

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.... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: What can be done to child support being paid to a mother who does nothing for her children?

A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 29, 2023

If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine

He hasn't been served due to false address and no job on file for years. $30K behind

Kelly A Rochotte
Kelly A Rochotte
answered on Nov 11, 2023

If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine

He hasn't been served due to false address and no job on file for years. $30K behind

Todd B. Kotler
Todd B. Kotler
answered on Nov 11, 2023

I agree with my colleague. I will add a few more thoughts.

The competing motions may be merged into a single action. You will need to file a motion to accomplish that. The court will consider his failure to pay support as part of evaluating whether to revise parental rights and...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: We have a custody agreement father has physical custody are they allowed to keep me from communication with our son ?

My son's dad and I have a custody agreement where he has physical custody and some things were said. The girlfriend of my son's dad said we're going to get me for defamation of character Because my son said something to me and I didn't tell them that he told me. Now they're... View More

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

Your rights and responsibilities should be spelled out in your parenting plan and/or Order setting out your custody agreement. I doubt it contains an ability of one parent to cut off communications from the child to the other parent. More likely, it contains a right of the child to have frequent... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Hello, My parents have my daughter who is 9 years old and they are not letting me talk to her or see her.

I have full rights. They have no rights to her as far as guardianship goes. I do not live with them as we do not get along or see eye to eye so I live in Vandalia. But now I cannot contact my child and I am very scared.

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 27, 2023

That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.

1 Answer | Asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: The father of my child doesn’t have contact with her. Do I need to hire an attorney to file abandonment?

My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life

Todd B. Kotler
Todd B. Kotler
answered on Oct 2, 2023

I agree with my colleague but please also understand that the term "Abandonment" only has a meaning insofar as establishing whether a court has jurisdiction over a child. It does not impact whether a parent continues to have rights and responsibilities regarding a child. Generally, that... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: The father of my child doesn’t have contact with her. Do I need to hire an attorney to file abandonment?

My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 1, 2023

First, this is a very difficult situation to be in as a mother, and I want to commend you for asking a legal forum before taking action. Second, "abandonment" in Ohio is governed by Ohio Revised Code 3127, which says that a parent who fails to maintain contact with the child for 90 days... View More

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