Legal Question in Family Law in Ohio

Non support for child

My ex husband has a history of NOT paying his child support. As of today he is $17,000 in a rearage and mounting every week. I constantly send my case worker at CSEA e-mails asking about my support, even told her to beware because it was about to stop because he works seasonal construction. At what point can I proceed with filing criminal charges against him? Also, why doesn't CSEA follow through on a case when they have an exact address for the non-custodial parent? I practically do all the research for my case worker and it doesn't seem to matter. They have ''protocal'' to go through. So what are the guidelines as to when it becomes criminal? I know if he is out of state and is more than $5000 in arearage he is committing a federal crime. I get sick of an absent father that pays when he feels like it and a support worker who doesn't seem to care. I want to press charges so he knows I mean business. Any advice? Don't even mention unemployment. I know he is probably getting it somewhere, but I cannot convince my case worker of this.


Asked on 1/08/09, 3:02 pm

1 Answer from Attorneys
Lisa Pertee The Law Office of Lisa M. Pertee, LLC.

Re: Non support for child

The Ohio criminal non-support statute requires 26 out of 104 weeks of non payment before a felony can be filed. A misdemeanor simply requires an allegation of non support. There is no monetary amount in the statute.

There are several, not always good, reasons the CSEA may not prosecute criminally including requirements by the court (e.g. three civil contempt filings must proceed a criminal case) and being overwhelmed by a high case volume.

Federal prosecution is accomplished through PSOC (Project Save Our Children). Cases are reviewed by the prosecutor assigned to that part of Ohio and filing is at the discretion of the prosecutor, not the CSEA. Child support is rarely enforced at the federal level. When it is, it is usually in cases involving high profile persons such as professional athletes.

You can contact the CSEA Director or the Client Advocate to get a better response from the case manager, but your best bet for immediate action is to file a private contempt action.

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Answered on 1/08/09, 4:00 pm


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