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Ohio Child Support Questions & Answers
1 Answer | Asked in Child Custody, Estate Planning and Child Support for Ohio on
Q: Can I dismiss an exparte order for custody that I jumped the gun on filing without it looking bad on me
Todd B. Kotler
Todd B. Kotler
answered on Oct 6, 2023

A dismissal and a refile on an ex parte motion will not look good, but proceeding on a factually insufficient or incorrect motion will look worse.

1 Answer | Asked in Child Support for Ohio on
Q: In Ohio, can child support payments be transfered to someone other than the parent?

My 18 year old, who is not currently enrolled in school and has not graduated is looking at moving in with her boyfriend's family. The boyfriend's mother wants to enroll her in school. Can that mother (not me, her custodial parent) petition for child support that I had been receiving... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 17, 2023

Typically child support follows the child. However this only occurs when the court recognizes a transfer of custody. Are you consenting to a change of legal custody?

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Ohio on
Q: Can I file an appeal from someone in falsifying court documents and getting custody of my kids? And terminating my right

My aunt is a CPS supervisor here in Franklin County, and she offered to help me with my children until my youngest child was raised in at about 10 months. I was talking to her about getting my kids back and she was telling me that I was doing good and there’s not in the other and then oddly I get... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 24, 2023

Sadly. It sounds like the critical decisions were made 4 years ago. That is well outside the 30 day time-line for appeal. As mother you can always file for a change of legal custody of you can show a change of circumstances of either the child or the child's caregiver.

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: My ex husband and I want to get child support removed. Will a judge agree to remove it since we split everything 50/50?
Todd B. Kotler
Todd B. Kotler
answered on Jun 6, 2023

It will require a revision to your support calculation and a deviation to a $0.00 support order

2 Answers | Asked in Family Law and Child Support for Ohio on
Q: I no longer need child support from my children's father. Will a judge dismiss the child support?
Nicholas P. Weiss
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answered on Jun 6, 2023

No. If you and the father agree, however, you can deviate the total amount of child support owed to zero dollars.

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1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I had custody of my children. The mother owed back child support. She ended up dying.

I never received the back child support she owed. I did receive survivor benefits on behalf of my 2 kids. After she died I began to have issues with my youngest child. He would run away, try to commit suicide and self harm. I would take him to the hospital but my insurance would constantly kick... View More

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

Typically a benefit is only calculated into support if the child is receiving it as a derivative benefit associated with the obligor.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can the mother of my child change my child’s last name without my consent in Lucas County Ohio?

We were never married. We both signed birth certificate in the hospital after child was born and was given my last name. Both parents signed affidavit of paternity in hospital.

Bridget Sciscento
Bridget Sciscento
answered on Apr 21, 2023

It is up to the Court. Paternity has been established. If Mom wants to change your child's last name, then you are entitled to notice of the proceedings, and you can present your case as to why it would not be best for the child's last name to be changed.

1 Answer | Asked in Child Support for Ohio on
Q: Could I get in trouble for contacting my husbands lawyer an making a offer during our divorce?

My lawyer won't make the offer I want her to if I was to contact my husbands lawyer an make the offer could there be consequences?

Nicholas P. Weiss
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answered on Mar 27, 2023

The other attorney will likely refuse to speak with you, as you are represented by counsel and it would be an ethical violation.

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: My ex wife and I have a parental agreement. I recently sued her first child support and was told she doesnt have to pay?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

If you have a divorce decree with a parenting plan, it should have a provision on the payment of child support. If you want that to be modified, you will need to seek a modification in the domestic relations court.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Me and my son's father are separated. If I get married and change my son's last name to my married name can I still get

Can I still get child support from the child's dad?

The guy I am going to marry is NOT adopting my son. We are just changing the child last name

Nicholas P. Weiss
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answered on Mar 4, 2023

Yes.

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
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Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons and I name pops up whenever our name is searched on google. This case is over 10 plus years old. And would remov

I would like this case removed expeditiously. As I feel it violates my son and I privacy and protection.

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Depending on what type of case it is, there may be avenues to seal the official records. But that doesn't mean that news reports or entries on websites like mugshots.com will disappear. Talk with a lawyer privately.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Do I have to let my child's father have alone visits if I get child support? He is narcissistic and has mental issues ?
Raquel Ann Parish
Raquel Ann Parish
answered on Sep 7, 2022

Pursuant to Ohio Revised Code 3109.042 an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. This means that the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I had a question about visitation without a court order

My daughter's dad didn't want anything to do with her and didn't want anyone to know he had a child with me until there was a court order to prove that she was his now he wants to see her by himself without anyone there for more than a couple of hrs, he has seen her only a total of... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 2, 2022

In Ohio, when parents are unmarried, the mother is the residential parent and legal custodian of the minor child until there a court order stating otherwise. The mother has the say if she wishes to grant the Father parenting time. The Father will need to file papers in court to allocate parental... View More

1 Answer | Asked in Child Support for Ohio on
Q: How is child support determined when there is 50-50 /50 custody Or 51/49
Raquel Ann Parish
Raquel Ann Parish
answered on Aug 27, 2022

Pursuant to Ohio Revised Code 3119.07 If the parents have split parental rights and responsibilities, the child support obligations of the parents shall be offset, and the court shall issue a child support order requiring the parent with the larger child support obligation to pay the net amount... View More

1 Answer | Asked in Child Support for Ohio on
Q: Can I still get charged with back pay child support?

When the mother and I established paternity she refused child support I supported her financially since my son was born but we are at a point where we just don't get along anymore so I filed to pay child support. Can she still get back paid child support from when my son was born? I don't... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 22, 2022

A request for back child support must be made in advance. The parties are entitled to a trial for the court to decide if they cannot agree to settle the issue. At a court trial the parties can enter their testimony and provide evidence to the court concerning any reasons why the opposing party... View More

1 Answer | Asked in Child Support for Ohio on
Q: Can the Ohio child support agency garnish wages for admin fees only and Claim its for child support?

I have a received a letter stating garnishment of wages for child support. I do not owe child support but do owe an admin fee. The letter sent to my employer claims the garnishment is for child support. This is from the Hamilton county child support agency. I have called several times and have... View More

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

The Child Support Enforcement Agency can garnish wages until all funds owed are paid. Most likely any administrative fees were included in the wage withholidng order for garnishment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I know this is asking for a miracle. Are there any pro bono or low cost lawyers in Columbus Ohio for Father's Rights?

I have had both of my children ripped from underneath me. I pay child support for one and they left the state and I have no clue where she is. My son had an incident last year with his mother where children services were called on her and nothing was done and now she has moved out of state. I feel... View More

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

The Legal Aid Society of Columbus may be able to help. The Legal Aid Society of Columbus (LASC) exists to provide free assistance and guidance to those attempting to navigate our complex legal system. In order to qualify for free services at The Legal Aid Society of Columbus, you must meet income... View More

1 Answer | Asked in Child Support for Ohio on
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... View More

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

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... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Want Divorce from alcoholic husband. Together we have 3 daughters and he refuses leave! What are my options?

Married 12 years.

His unpredictable behaviors are escalating, now having people over 4 nights a week, until 2am most times. I am a professional with a demanding schedule and will need a nanny afterwards. I'm very on edge lately not sleeping, worrying about the safety of myself and... View More

Raquel Ann Parish
Raquel Ann Parish
answered on May 9, 2022

There are situations where the parties will need help from the court to make decisions about the marital home and marital property at the very beginning of the Divorce case. Courts in Ohio use temporary orders to give the parties a set of rules which they must follow while the Divorce case is... View More

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