Children

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Enforcing Support

Information for Parents Receiving Child Support

What if the other parent misses a payment?

Child Support Services must take enforcement action once the paying parent falls one month behind in support payments. Contact your worker for more information.

The amount the other parent owes is equal to one month of support. What will Child Support Services do?

·    If the parent paying support is making payments through wage withholding, a Child Support worker will contact the employer. If the employer provides a good reason why support is unpaid (such as illness or injury), your worker will find out when the absent parent is due back on the job and arrange to collect the overdue amount or withhold child support from Workers’ Compensation.

·    If the parent paying support is making support payments through financial institution withholding or directly to Child Support Payment Central in Columbus, your worker will search for assets to pay support, such as a second job or Unemployment Compensation.

·    If we can notify the other parent by mail at a verified address, we file a contempt motion with the court that could result in a jail sentence. For more information see “Service of Process” fact sheet.

·    If we cannot notify the other parent by mail at a verified address, Child Support Services will attempt to locate the parent paying support. Please keep us informed of any new information on the parent, especially a job or a current address. For more information see “Service of Process” fact sheet.

What if the other parent just doesn’t pay?

The following support actions can be taken depending on the specifics of your child support case. Each one of these actions, generally established by regulation or law, has certain criteria that must be met before the action can be taken:

·    Report the non-paying parent to the Credit Bureau.

·    Seize the non-paying parent’s state and federal income tax refund.

·    Revoke drivers or professional license.

·    File a contempt motion with the court for failure to pay support. This can result in a jail sentence.

·    Feature the non-paying parent on a “Most Wanted” poster circulated by the state, if the parent meets the criteria.

·    “Freeze and seize” financial accounts to pay back child support.

·    Refer the case for prosecution as a felony.

A parent who willfully fails to pay court-ordered support can be prosecuted as a felon for criminal nonsupport under the Ohio Revised Code. If convicted, he/she may be sentenced to prison for up to 18 months for each child not supported, if your case meets the criteria.

“I want him arrested for criminal nonsupport!”

Criminal nonsupport is a last resort. The goal of enforcement actions is to collect money for children. In the majority of criminal nonsupport cases no money is collected. The other parent is put in jail and is unable to pay support. In order for a case to be referred to the prosecutor for felony action it must meet strict guidelines. A few of those guidelines are:

·    The parent receiving support must live in Hamilton County.

·    Your child support order must have been issued in Hamilton County.

·    The children involved must still be under age 18.

·    Child support has not been paid for at least 104 weeks.

Even if your case meets these guidelines and is referred by Child Support Services, the Prosecutor must ultimately decide which cases will be prosecuted.

There’s a warrant for the other parent’s arrest. Why don’t you pick him/her up?

Child Support Services has no law enforcement authority. Child Support Services cannot issue warrants or make arrests. The court must issue a warrant, and the County Sheriff must physically arrest the nonpaying parent. (See the “Services You Can Expect” Fact Sheet for a more comprehensive explanation of the roles and responsibilities of the Sheriff and the Courts in the child support system.)

The other parent is just across the state line. Can the County Sheriff get him/her?

Although the other parent is nearby, he/she is in another state. Ohio law enforcement officials have no authority in other states. Child Support Services must file an interstate child support action to have another state act against a nonpaying parent who has left Ohio.

If the nonpaying parent goes to jail, how will he/she pay support?

In some states, prisoners are paid an allowance. Child Support Services can attach 25 percent of this allowance for child support. If the prisoner is not being paid an allowance and does not have any other sources of income he/she will be unable to pay support. The obligation to pay support does not stop because of a jail sentence. Unpaid child support will continue to add up unless the jailed parent asks the court to modify the order until released from jail.

The jailed parent will owe unpaid child support when he/she gets out of jail.

Can I get the nonpaying parent’s tax refund?

Yes. The statewide child support computer, SETS, automatically submits cases that qualify for the federal or state tax offset program. The unpaid amount of support must be more than $500 to qualify for federal tax offset, and more than $150 for more than three months to qualify for state offset.

What if my court order states the other parent must provide medical insurance, but I have not received it?

Child Support Services will take enforcement action on your behalf.

The other parent is moving to another state. Can I still collect support?

Yes. The interstate process allows Child Support Services to establish paternity and support orders, enforce support orders and collect current and unpaid child support from the person paying support across state lines.

If you know the person paying support’s new employer or address, we will transfer your case to the Interstate Unit. The actions that unit can take depend on the information provided.

· If you know the person paying support’s new employer, the Interstate Unit will begin an interstate wage withholding.

· If you don’t know the new employer, the Interstate Unit will issue a UIFSA (Uniform Interstate Family Support Act) action to the state Central Registry where the person paying support now lives. This action asks the other state to enforce the existing support order.

· If you don’t know where the other parent lives or works, your case will remain with Child Support Services for location. The SETS computer will attempt to locate the other parent automatically by interfacing with other local, state and national databases.

How long does the interstate process take?

Length of time to complete an interstate action varies depending on the amount of information you can provide and whether the other parent legally objects to the action. Interstate actions can take two to three months for a simple wage withholding to a year or longer for a UIFSA action.

My children and I are moving to another state. Will this affect my child support?

Your move should not affect your support. However, you must notify Child Support Services of your new address in writing. Please include your social security number and your new and old addresses. Child support checks are processed, printed and mailed from Columbus. The Post Office does not forward child support checks even if you file a change of address. Send your change of address to your Hamilton County Child Support worker well in advance of your move. We need time to process your change of address.