Child support is an important aspect of any divorce case involving children. It is the financial support provided by one parent to the other to ensure the needs of the children are taken care of. However, sometimes a parent may fail to make the required child support payments, leading to arrears. Child support arrears can significantly impact the lives of children and the receiving parent and can result in severe consequences for the delinquent parent. In Ohio, there are stringent laws that govern child support and arrears.
Understanding Child Support in Ohio
Before delving into the issue of child support arrears, it is essential to understand the basics of child support in Ohio.
Determining Child Support
In Ohio, child support is calculated based on several factors, including but not limited to:
- The number of children
- The gross income of both parents
- Any spousal support payments
- The cost of child care
- Any health insurance premiums paid for the children
The Ohio Child Support Guidelines help parents and attorneys calculate the appropriate amount of child support to be paid by the noncustodial parent.
The Role of the Ohio Child Support Enforcement Agency
The Ohio Child Support Enforcement Agency is responsible for enforcing court-ordered child support. They are authorized to take various actions to ensure child support payments are made, including wage garnishments, tax refunds intercepts, and driver’s license and passport revocations.
Child Support Arrears in Ohio
Sometimes, a parent may fail to make the necessary child support payments, leading to arrears. Child support arrears refer to past due child support payments.
Consequences of Child Support Arrears
Failure to pay child support can result in several severe consequences. The Ohio Child Support Enforcement Agency can pursue a case against the delinquent parent, leading to:
- Wage garnishment
- Intercept of tax refunds
- Revocation of driver’s license and passport
- Placement of a lien on personal property
- Reporting to credit agencies
- Jail time
Interest and Penalties
In Ohio, child support payments are due on the first day of each month. If the payment is not made on time, interest and penalties will accrue. The interest rate for child support arrears is 6% per annum.
Payment Plan Options
Ohio law allows parents who owe child support arrears to set up a payment plan to gradually pay down the amount owed. However, it is essential to note that the parent must still make the required monthly child support payments in addition to the payment plan payments. Failure to do so can lead to further consequences.
Modification of Child Support Orders
If a parent is struggling to make the required child support payments due to a change in circumstances, they may be able to modify the child support order. A modification requires a court order and should be done with the assistance of an attorney.
Conclusion
Child support arrears can have a significant impact on the lives of parents and children in Ohio. It is crucial for parents to make the required child support payments on time and in full. Failure to do so can lead to severe consequences, including wage garnishment, license revocation, and even jail time. Parents who are struggling to make child support payments or have fallen behind should seek assistance from an attorney and the Ohio Child Support Enforcement Agency to explore their options for resolving the issue. Ultimately, the focus of child support is to provide for the needs of children and ensure they have the best possible start to life, which is a goal all parents should work towards.