Is your ex skipping child support payments? During this stressful time, remember that both federal and Ohio law provide options for you to compel payment and, if necessary, locate a child support-owing parent.
Understanding the Wage Order
One option for compelling child support in the state of Ohio is what is known as a wage-order. A wage-order is mechanism by which the support-owing parent’s income source is garnished. In other words, a portion of his or her income is withheld and re-directed to you in the form of a child support payment. In addition to salary, it is possible to garnish tax refunds, company bonuses, and other monies received by a child-support owing parent.
If a child support-owing parent is self-employed, a wage-order is not needed to compel payment. Self-employed persons under court order to pay child support are required to post a cash bond (O.R.C. 3121.03) to serve as a support reservoir in the event the individual fails to make a support payment. In other words, if a self-employed and support-owing parent fails to make a support payment, the support-receiving parent may draw the support payment from the cash bond.
Help from the State
Additionally, persons owing child support in the state of Ohio are assigned a support officer by the Child Support Enforcement Agency. When a support-owing parent fails to make a support payment, the officer will work to enforce the court’s order for support by filing contempt motions on behalf of the support-receiving parent. In addition to contempt charges, a delinquent child-support owing parent may also be prohibited from renewing any professional licenses until making support payments.
Sometimes, you may need assistance in locating a support-owing parent. Here, you can utilize federal law, which has a parent locator service.
Also, if the payments were originally set up to be directly to you (rather than through the agency) you can have the court do a new order directing that the payments go through the agency.
Get Legal Help
If your ex is skipping child support payments, know that the law is on your side. To take action to compel payments, contact a skilled and experienced Ohio family law attorney. A dedicated and skilled attorney will work to obtain the support payments that you need and deserve for the care and upbringing of your child.