Child Support
Fact Sheet
Establishing Paternity
Information for Parents Seeking to Receive Support
Why should I establish Paternity?
· If you were not legally married to your child’s father, you must legally prove the identity of the father before you can get a court order for child support. Establishing paternity benefits your child in several important ways:
· It provides a sense of identity for your child
· It completes your child’s biological medical history.
· It helps you get health insurance through the other parent’s employer.
· It establishes the same legal rights for your child as for a child born within a marriage, such as access to:
o Inheritance.
o Veterans’ benefits.
o Social Security benefits.
o Disability benefits.
o Lottery winnings.
· It establishes a legal basis for custody.
· It establishes a legal basis for the court to order support payments.
Why should I get a court order for child support?
Even if you currently have enough financial resources to support your child, circumstances may change. You must have a court order for support before Child Support Services and law enforcement officials can enforce support for your child.
If the absent parent pays support, do I have to let him see our child/children?
By law, visitation and custody are separate issues from child support and are not handled by Child Support Services. Domestic Relations Court and Juvenile Court are responsible for determining visitation and custody matters. However, if the court rules on custody and visitation in your case, you must follow the court’s orders. If you don’t, you can be held in contempt of court.
Is there a time limit for establishing paternity?
In Ohio, paternity can be established until the child reaches age 23. In the majority of cases, the father will not be ordered to pay support if the child is age 18 or older. If the other parent lives in another state, contact Child Support Services for more information.
Can the father establish paternity?
Yes. The father has the same rights as the mother to establish paternity. The process is the same.
The Process
He admits he’s the father. How do I establish paternity?
If you and the father signed an Acknowledgment of Paternity while in the hospital for the
Birth:
· The hospital will send the Acknowledgment of Paternity to the Central Paternity Registry in Columbus.
· Paternity is legally established 60 days after the Acknowledgment of Paternity is signed.
If you and the father did not sign an Acknowledgment of Paternity while in the hospital for the birth:
· Call Child Support Services at 946-SETS to have proper paperwork sent. You may also visit the downtown office (222 E. Central Pkwy.) between 7:30 a.m. and 4 p.m., Monday through Friday. Child Support Services can assist you and the father in establishing paternity.
· Once paternity has been established, we strongly encourage you to establish an order for child support.
To establish a court order for child support:
· Call Child Support Services at 946-SETS and request an application. You must also provide copies of the following with your completed application:
o Certified birth certificate(s) for your child/children.
o Certified divorce decree, if you are divorced.
o Certified marriage certificate, if you are separated.
o Recent pay stub, if you are employed.
o Your parent or legal guardian, if you are under age 18.
o Questionnaire Child Support Services will send you for each absent parent.
o Photo identification for yourself.
o Any other items you believe are important to your case.
· Your child support worker will schedule an administrative paternity hearing (APH). An APH is held at Child Support Services and is conducted by a Child Support hearing officer.
· Child Support Services sends the father notification of the APH by certified mail. Both you and the other parent must attend. The goal is to set a voluntary child support order.
· The hearing officer will verify paternity and calculate a support amount. The amount of support is calculated using a mathematical formula set by state law. The calculation is based on income, specific expenses and number of dependents.
He won’t admit he’s the father. What can I do?
Child Support Services will still attempt to establish paternity through an administrative paternity hearing (APH). To do so, both you and the alleged father must agree to genetic tests.
Steps in this process include the following:
· An outside lab runs genetic tests on you, your child, and the alleged father. The tests use genetic material to see if the man you’ve named could be the child’s father. You must bring photo identification and the minor child with you for testing.
· You and the alleged father receive notification of the test results in the mail. If the tests prove he is the father, the hearing officer signs an order, and paternity is established. However, you or the father can appeal the finding.
· At a second APH, a Child Support Services hearing officer calculates a support amount using state guidelines. If you and your partner cannot agree on the support amount, Child Support Services forwards your case to Juvenile Court.
· Juvenile Court schedules a hearing. The court calculates a support amount using the same state guidelines Child Support Services used.
Who pays for genetic testing?
In most cases, the county pays for genetic tests. In some cases, the court may order you to pay for genetic tests if you have not provided information about all potential fathers of the child. The court can also order the father to pay for genetic testing.
What if he doesn’t show up for the administrative hearing?
Child Support Services will file your case in Juvenile Court. The Clerk of Courts schedules a hearing only when the alleged father can be found and notified by certified mail of the hearing. If he cannot be found, Child Support Services will work with you to find the alleged father. If the alleged father fails to appear in Juvenile Court after being notified, the court can enter a default judgment. This establishes him as the legal father although he was not present.
How long does it take to establish paternity?
Two to three weeks for an initial interview and four to six weeks for an administrative paternity hearing. The time required for a Juvenile Court hearing depends on the number of cases the court is already scheduled to hear.
How long will my first interview take?
About an hour and a half.
How long does an administrative paternity hearing take?
About 45 minutes.
How long does it take to get the results of genetic tests?
About two months.
What if I don’t know the other parent’s full name or where he is?
Child Support Services will attempt to locate the other parent. To begin a search, we need at least three of the following six pieces of information:
· Father’s full name
· Current or previous address
· Current or previous employer
· Social Security number
· Date of birth
· Parents’ names
If you can provide at least some of this information, we will conduct a search using local resources. If not, we will place your case in the insufficient information file and review it quarterly or when additional information is available.
He left town. Can Child Support Services still help me establish paternity?
Yes. You must provide as much of the information listed above as you can. An Intake/
Paternity technician will open your case. If you don’t know where the father has moved, Child Support Services will attempt to locate him. If you do know where the other parent moved – or where he is employed – in another state, Child Support Services will start the process of establishing paternity across state lines.
What if I’m married to a man who is not the father of my child?
If your child was born during your current marriage, the law presumes your husband is the father. Your husband must be present at all administrative or court hearings along with the alleged father. If your child was not born during your current marriage, the law presumes a man other than your husband is the child’s father.
Getting Child Support after Paternity is Established
How much child support will I receive? Who determines the amount and how?
Child Support Services or Juvenile Court calculates an amount of support using a mathematical formula set by state law. The calculation is based on income, specific expenses, and number of dependents. You will receive a copy of the formula that applies in your case with support calculations. Formulas are available in Ohio Revised Code 3119.021 and 3119.022 in the Ohio Family Law Handbook at your local library. Copies are also available from your Child Support worker.
When will I start receiving a check?
Once the court issues an order for support, it takes about four to six weeks to arrange a wage withholding. If the absent parent makes payments directly to Ohio’s Child Support Payment Central, it depends on when he/she makes the payments. Once Ohio receives a support payment, a check must be mailed to you within two business days. An employer must mail wage withholding for child support to Ohio within seven business days of the employee’s pay date.
I’m receiving cash assistance. Do I have to cooperate with Child Support Services? If I don’t, what will happen?
Yes, you must cooperate with Child Support Services or your cash benefits will be sanctioned
or stopped. See the “Cash Assistance and Child Support” Fact Sheet.
-transparent.gif){kind=spacer}