Free Ohio Family Law FAQs | Free Ohio Family Law Legal Documents

Are The Earnings Of Both Parents Considered In Setting Support?

Tue, 29 May 2007 21:19:00 GMT

Yes.

Are There Any Adjustments Allowed For Second Families In The Guidelines?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. The guidelines allow an adjustment equal to the federal tax exemption for each child who is your biological child from another relationship, as long as the child is living with you.

Can I Get Support From A Non-Residential Parent Who Is In Jail Or In Prison?

Tue, 29 May 2007 21:19:00 GMT

Yes. There can be income withholding from prison earnings. In addition, support will continue to accrue during the period of incarceration. Please contact your local CSEA.

Can The Csea Assist Me With Visitation And Custody Issues?

Tue, 29 May 2007 21:19:00 GMT

For all visitation issues, you must consult with a private attorney. Most custody issues cannot be addressed by the CSEA.

Can The Csea Collect For Support If The Non-Residential Parent Is In The Military?

Tue, 29 May 2007 21:19:00 GMT

Yes. The local CSEA can take steps to do a withholding through the military system. Please contact your local CSEA.

Do The Guidelines Allow An Adjustment For The Parent Who Is Paying For Child Care?

Tue, 29 May 2007 21:19:00 GMT

Yes. The guidelines provide a credit for child care expenses for those children included in the order, relating to work, employment training or education.

How And Where Can Paternity Be Established?

Sun, 22 Jun 2008 02:39:37 GMT

Paternity can be established in the following ways. The first is through the voluntary acknowledgment process where a form known as an Acknowledgment of Paternity Affidavit is completed. It can be filled out at the hospital when your child is born, before both parents leave the hospital. It can also be competed at the CSEA or your local Vital Statistics Registrar (usually associated with your local health department). If a case is contested or if there is some doubt as to the fatherhood of the child, either parent may request that the CSEA conduct genetic testing to determine the father of the child. The CSEA will then order all parties to submit to genetic testing and will issue an administrative paternity order based on the outcome of the genetic test. For a paternity order to be established, the test must show at least a 99% probability of fatherhood. If either party fails to submit to the test or fails to submit the child for genetic testing, the CSEA may request the court to find the party in contempt and determine the issue of paternity.

I Am On Unemployment Compensation. Is There A Limit On The Amount That Can Be Taken Out For Child Support?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. The Ohio Bureau of Employment Services can only take up to 50% of the nonresidential parent`s unemployment benefits to pay the child support. If the unemployment compensation benefits are insufficient to meet the entire obligation, arrears will accrue on the order.

I Know Where My Ex-Spouse Works In Another State. How Can I Get An Income Withholding?

Tue, 29 May 2007 21:19:00 GMT

Your CSEA can explain the two ways this can be done. They may choose to simply send a withholding order directly to an employer anywhere in the country. If needed, they may also choose to register your support order for enforcement only in the state where he works.

I Live In Ohio, But My Ex-Spouse Lives In Nebraska. Can My California Support Order Be Modified?

Tue, 29 May 2007 21:19:00 GMT

Yes. Please ask your CSEA to help you. They can register your California support order in Nebraska, which is where the modification will occur. Your order can also be enforced there.

I Now Live In Ohio But My Case Started In Michigan. Do I Have To Open A New Case In Ohio?

Tue, 29 May 2007 21:19:00 GMT

No. If you choose, you may simply continue to work with the child support authorities in Michigan.

I Was Divorced In Ohio But Then Moved To Tennessee. My Ex-Spouse Moved To Florida And Another Order Was Established. Can I Enforce It?

Tue, 29 May 2007 21:19:00 GMT

The UIFSA law requires the determining of one Controlling Order. See the Determining a Controlling Order part of the Interstate section for a description of the rules for choosing this order. Once that order is determined, it is the only order that can be enforced or modified.

I've Heard There Is A New Law Called Uifsa. What Does This Law Do?

Tue, 29 May 2007 21:19:00 GMT

UIFSA (Uniform Interstate Family Support Act) is a law regulating the establishment and enforcement of child support orders where the parents live in different states or where the support order is in a state other than where either of the parents lives.

If The Non-Residential Parent Is Sending Me Money Directly, Does That Count As Child Support?

Tue, 29 May 2007 21:19:00 GMT

No. Those payments are considered gifts.

In Ohio, Can a Spouse Give up His or Her Right to Alimony in a Premarital Agreement?

Sun, 12 Jul 2009 01:43:37 GMT

Yes, Ohio law allows spouses to include modification or elimination of spousal support in their prenuptial agreement.

Is There Any Allowance For The Parent Who Has To Pay Health Insurance?

Tue, 29 May 2007 21:19:00 GMT

Yes. The guidelines provide a credit for marginal, outofpocket costs of health insurance that will therefore affect the amount of the order.

My Ex-Spouse Changes Jobs Frequently. This Keeps Me From Receiving Regular Payments. What Can Be Done?

Tue, 29 May 2007 21:19:00 GMT

The law requires the nonresidential parent to notify the CSEA when a change in employment occurs. Even if he/she doesn`t, the employment or assets can be searched through the New Hire Reporting Program. Employers must report all their new hires in 20 days; therefore it is now easier for the CSEAs to find out about the nonresidential parent`s change of employment and new employer.

My Ex-Spouse Collects Social Security Disability. Can There Be Income Withholding On That Check?

Tue, 29 May 2007 21:19:00 GMT

Yes, there can be income withholding for Social Security Disability and Social Security Retirement benefits. There cannot be a withholding for SSI because those benefits are a form of public assistance.

My Ex-Spouse Lives In Oregon And Is Self-Employed. What Can I Do To Obtain Support?

Tue, 29 May 2007 21:19:00 GMT

Your CSEA can register your support order in Oregon for enforcement. The child support agency in Oregon will then be able to use all the enforcement tools available under its state law to collect your support.

My Ex-Spouse Paid Support Regularly Until Last Month And Then He Moved To Europe. Is There Anything I Can Do To Get My Order Enforced?

Tue, 29 May 2007 21:19:00 GMT

Ohio has reciprocal agreements with several European countries, most Canadian provinces and certain other foreign countries. Some countries may also be able to assist you with enforcement, even though no formal reciprocal arrangements exist. Your CSEA can tell you what kind of help may be possible in your individual case.

The Father Of My Child Does Not Live In Ohio. Can I Establish Paternity And Get A Support Order?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. Your local CSEA can help you establish paternity and get a support order, regardless of where the father lives. In some cases, this can even be done if he lives in another country.

What Are The Child Support Guidelines?

Tue, 29 May 2007 21:19:00 GMT

The Child Support Guidelines are guidelines passed by the Ohio legislature which calculate child support orders based upon the financial circumstances of both parents. Use of these guidelines is required for the establishment or modification of all child support orders in Ohio. The amount of child support that is calculated using the worksheets and schedules contained in these guidelines is presumed under the law to be the correct amount of child support in each case.

What Do I Do If I Have Completed The Paternity Affidavit But I Now Think I Am Not The Dad?

Tue, 29 May 2007 21:19:00 GMT

You need to contact the CSEA in the county where the mom resides to sign a rescission document as long as it has been 60 days or less since the affidavit has been signed. If more than 60 days but less than one year has passed since signing, you should contact a private attorney.

What Do I Do When Children Have Emancipated And There Is Still Money Owed?

Tue, 29 May 2007 21:19:00 GMT

Emancipation does not terminate arrears. You should contact your CSEA so that they may review your individual circumstances.

What Does It Mean To Be In Default Of A Child Support Order And What Can Happen To Me If I Go Into Default?

Tue, 29 May 2007 21:19:00 GMT

If you get behind at least one full month in child support payments, you are in default. You will be sent a form outlining the enforcement remedies that may be taken to secure support.

What If A Health Insurance Company Denies An Application For Health Insurance?

Mon, 04 Jun 2007 21:51:22 GMT

Assuming paternity and/or support has been established, state law says that no health insurer can deny enrollment of a child in the parent`s plan based on the fact that the child: was born out of wedlock, is not claimed as a dependent on the federal tax return of the parent, or does not reside with the parent, regardless of the enrollment period. If an insurer fails to comply with these provisions, the failure can be reported to the Ohio Department of Insurance.

What If I Don't Agree That I Am In Default? Do I Have Appeal Rights?

Mon, 04 Jun 2007 21:51:22 GMT

You are only entitled to request an administrative hearing to decide if the arrearage amount is correct and if you are the correct person who owes the money. If you disagree with the administrative hearing decision, you may file for a court hearing.

What If I Don't Know Where The Father Of My Child Lives?

Tue, 29 May 2007 21:19:00 GMT

Your local CSEA has many resources that can be used to locate the father of your child. These resources can also be used to locate his employment and any assets he may have.

What If The Non-Residential Parent Cannot Be Found Locally?

Mon, 04 Jun 2007 21:51:22 GMT

Your local CSEA will use the Ohio Parent Locator Service (OPLS) to search. If the nonresidential parent is out of state, the CSEA can request another state to search. The CSEA can also request location through the Federal Parent Locator System (FPLS), Financial Institution Data Match (FIDM), National Directory of New Hires (NDNH), and the Federal Case Registry (FCR). All of these matches have as a first step a Social Security Number verification. It is becoming harder for nonpaying parents to hide from their child support obligations and the agencies that enforce them.

What Steps are Necessary to Enter a Valid Premarital Agreement in Ohio?

Sun, 12 Jul 2009 02:27:52 GMT

A prenuptial agreement that is created in Ohio should be in writing and signed by both parties. It is likely to be upheld by a Court if there is clear evidence that the parties entered the agreement without manipulation, coercion or fraud.

Where Do I Go To Apply For Services?

Tue, 29 May 2007 21:19:00 GMT

You apply at your local CSEA in the county where you live.

Who Can Get Help From A Child Support Enforcement Agency (Csea)?

Tue, 29 May 2007 21:19:00 GMT

Anyone receiving public benefits receives free child support services and is required to cooperate with the CSEA in establishing paternity and collecting child support. Families that do not get public benefits can apply for services with a written application. Some county CSEAs charge a $1.00 application fee, other CSEAs pay the fee for the applicant.

Why Is It Important To Establish Paternity?

Tue, 29 May 2007 21:19:00 GMT

Children have the right to support from both parents. Children need their parents to work together to provide support. This is true even when the parents are not married to one another. If the parents of a child were not married when the child was born, they need to establish paternity. Paternity means fatherhood. To establish paternity is to establish fatherhoodto legally name a child`s father. Establishing paternity truly benefits a child. Establishing fatherhood is important to a child`s sense of self. Every child should know who his or her father is. Establishing fatherhood makes it easier to find out about medical problems that may run in the family. And only a legal father can put his child on his health insurance policy, and get health care for his child in an emergency. Establishing fatherhood makes it easier for the child to obtain help from the father`s Social Security or veteran`s benefits, or from an inheritance if the father becomes disabled or dies. In addition, establishing paternity is a prerequisite for establishing a child support order.

Will The Csea Enforce Spousal Support (Previously Referred To As Alimony) Only Cases?

Tue, 29 May 2007 21:19:00 GMT

Yes.

Free Child Abuse FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Child Abuse FAQs

Free Child Care Information for Parents FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Child Care Information for Parents FAQs

Free Child Care Information for Providers FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Child Care Information for Providers FAQs

Free Child Custody and Visitation FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Child Custody and Visitation FAQs

Free Child Support FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Child Support FAQs

Free Child Support Father Right FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Child Support Father Right FAQs

Free Custody and Child Support FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Custody and Child Support FAQs

Free Divorce and Bankruptcy FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Divorce and Bankruptcy FAQs

Free Marriage FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Marriage FAQs

Free Mediation FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Mediation FAQs

Free Military Divorce FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Military Divorce FAQs

Free Paternity FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Paternity FAQs

Free Prenuptial Agreements FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Prenuptial Agreements FAQs

Free Separation and Divorce FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Separation and Divorce FAQs

Free Spousal Support FAQs

Wed, 25 Nov 2009 08:28:01 GMT

Free Spousal Support FAQs