Legal Question in Family Law in Ohio

Re: Not receiving child support.

A civil contempt can be filed as soon as he is default. He is in default as soon as he has an arrearage equal to or greater than one month's support.

He can be prosecuted for felony non support is he fails to pay support for 26 out of 104 weeks. A misdemeanor non support only requires that he fail to provide support. Not all county agencies file criminal non support, but all use civil contempt actions. You may file a private contempt action without the help of the CSEA.

His DL can be suspened as he is in default and receives all the necessary default notices. This is an optional enforcement action and the agency makes this decision. You can ask for a state hearing if they will not consider it.

Either party can apply at any time for an administrative review of child support. The agency will conduct a review if it has been 3 years since the last calculation or if any of the statutory exceptions apply. Being fired is not an exception. If he was fired the agency and the court can find that he is voluntarily underemployed and calculate the order based on what he is capable of earning.

When revising an order the agency or court will consider all the same type of information that was considered when initially calculating the order.

Please feel free to contact my office if you have more questions.