Legal Question in Family Law in Ohio

I live in Cleveland, Ohio my daughter is 9 years old I am unemployed and receive 700 a month in unemployment. Her dad pays $180 a month in child support. He has been promoted to supervisor. He pays 7,680 a year in child support for another child who is 18. He is in arrears on this child. He has filed a second hearing in Juvenile court. He already filed a hearing in Child Support Enforcement. They said the order was upheld so that is why he is filing another hearing Juvenile to fight the order again.

I have two questions. 1. How many hearings can he file to fight the order before he has to start paying on the order. 2. Why does he have to pay child support for the 18 year old. I thought once the child was 18 you no longer have to pay support.


Asked on 6/02/12, 4:44 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, if an administrative agency makes a ruling you don't like, you can appeal it to the Court of Common Pleas (in this case the juvenile court). It functions like an appeal. But once he litigates in that court, if they don't find in his favor, he will have to start paying the higher amount.

As for why he is still paying child support for an 18 year old, that is because there is an arreage in the amount owed. If you owe $750 per month in child support, but you have a $10,000.00 arrearage, the court or child support enforcement agency will have you paying the $750.00 per month plus an arreage amount (perhaps another $250 every month for a total of $1,000). That way $250 per month is coming off the $10,000 arrearage.

But once the child hits 18, much of the $10,000 arrearage will still be there. At that point, the whole $1,000 per month will go directly toward the arrearage until it is gone. So once the arrearage is gone then the child support obligation will be gone.

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Answered on 6/02/12, 6:45 am


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