Legal Question in Family Law in Ohio

Support arrears after age 18

My ex-husband has been in arrears for the past 8 years in his child support. The CSEA has taken out the max. but, according to our divorce decree, he has not been paying the agreed upon amount. My twin daughters will be turning 18 shortly and going to college. He says he will only pay what the agency tells him to pay and I told him he owe's what is stated in our divorce degree. He owe's a substantial amount in arrears and I would like to know how I need to go about getting these monies. Do I need to get counsel in Ohio (I live in VA) and take him to civil court to get the back child support since the child support ends at age 18? If so, can I ask that he pay the legal costs since he will be in contempt of the divorce agreement and is forcing me to take him to court? He also has a third child that he is paying child support for (never married the mother)and said that that child's support will be raised once my daugthers turn 18 which means he won't have any more $ to give our daughters. As I understand it, he is responsible for what is in the divorce decree no matter what his other monetary obligations are. Is there counsel in the Parma Hts./Cleveland area that you could put me in contact with?

Thank You


Asked on 7/05/05, 12:49 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Support arrears after age 18

You should contact DCSE in Virginia and request that they make a referral to Ohio to secure a judgment against your husband in Ohio for the full amount of the arrearages which he owes under

your divorce decree. (You may need to submit an affidavit for any time periods when the CSEA was not involved in your case to accompany whatever ledger accounts the CFSEA may have in order to determine this total unpaid amount of arrearages.)

You should also request through DCSE that they make a request to Ohio that the amounts that your former husband was paying for current support now start to be applied to his arrearages if in fact he no longer has an obigation to pay current support for his twin daughters.

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Answered on 7/05/05, 2:06 pm
Frank Rozanc Frank J. Rozanc, Esq.

Re: Support arrears after age 18

I believe that the Virginia advice is correct, although after the current child support obligation ceases, you can petition the domestic relations court in the county in Ohio he lives in to convert the remaining arrears to a lump sum judgment. Where was the divorce originally, abd what county does he now live in?

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Answered on 7/05/05, 2:38 pm


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