Legal Question in Family Law in Ohio

Adoption

My fianc� hasn't received any child support from her child�s father in over a year. He works for himself and somehow avoids paying. After we are married we are planning on having a child. Is there any statute that allows a child to be adopted if the birth father never pays child support. If not, how can we get him to pay? Can you collect past child support or is there a statute of limitations?


Asked on 4/22/99, 10:14 am

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Adoption

As I recall, the rule was if the non-custodial parent had not paid support or contacted the child for a year or more, consent to adopt was not required from the that parent. However, notification is and I assume the parent can appear and object although on a much weaker footing.

While a child is not yet emancipated the court still has jurisdiction over child support. If the absent parent is not paying and there is a valid support order there are a couple of things you can do. I would contact the local prosecutor to find out under what circumstances the local Child Support Enforcement Agency (CSEA) initiates contempt and/or collections proceedings. In my county the CSEA is an arm of the prosecutor's office where I used to work but I am not certain as to whether or not that agency handles non-welfare cases. I believe it does, but better to check. Otherwise you could hire a lawyer and go to court yourself (in the court that granted the order).

As far as I know, if there is any statute of limitations it likely wouldn't start to tick until at least after the child reaches 18. And while the order remains current that arrearage continues to grow.

Be aware though; an adoption would end any future financial responsibility on the part of the absent parent.

Jonathan Schiff

Self employed

605 Rose Hill Ave


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Answered on 4/24/99, 4:44 pm


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