Patrice Denman Attorney-at-Law

Q. My ex-spouse collects Social Security Disability. Can income withholding occur on that check?

A. Yes, there can be income withholding for Social Security Disability and Social Security Retirement benefits. There cannot be a withholding for SSI because those benefits are a form of public assistance.

If you have any other Child Support questions please call our Lake County Ohio Law office and schedule a free consultion.  440-639-1020

Child Support Guidelines Questions & Answers

1.    Q. What are the child support guidelines?

   A. The Child Support Guidelines are guidelines passed by the Ohio legislature which calculate child support orders based upon the financial circumstances of both parents. Use of these guidelines is required for the establishment or modification of all child support orders in Ohio. The amount of child support which is calculated using the worksheets and schedules contained in these guidelines is presumed under the law to be the correct amount of child support in each case.

2.    Q. Are the earnings of both parents considered in setting support?

   A. Yes.

3.    Q. Are there any adjustments allowed for second families in the guidelines?

   A. Yes. The guidelines allow an adjustment equal to the federal tax exemption for each child who is your biological child from another relationship, as long as the child is living with you. If you are the custodial parent of a child, your adjustment will factor in any child support received for that child.

4.    Q. Do the guidelines allow an adjustment for the parent who is paying for child care?

   A. Yes. The guidelines provide a credit for child care expenses for those children included in the order, relating to work, employment training or education.

5.    Q. Is there any allowance for the parent who has to pay health insurance?

   A. Yes. The guidelines provide a credit for marginal, out-of-pocket costs of  health insurance which will therefore affect the amount of the order.

Please call 440-639-1020 for a free consultation with a child support lawyer.

A main objective of the Child Support Enforcement program is to make sure that child support payments are made regularly and in the correct amount. While many non-custodial parents are involved in their children’s lives and are willing to pay child support, lapses of payment do occur. When they do, a family’s budget can be quickly and seriously threatened, and the anxiety the custodial parent feels can easily disrupt the family’s life.

In addition to wage withholdings, Ohio law allows the CESA office to utilize other administrative enforcement techniques, which include but are not limited to:

Seizing State and Federal income tax returns Suspending driver’s, professional, and recreational licenses. Imposing liens on real or personal property with the proceeds of the sale being applied to the support debt
Seizing bank accounts Revoking the ability to obtain or renew a passport for out-of-the-country travel
Credit Reporting

Cases can also be referred to the Prosecutor’s Office for legal intervention when support payments are not being made. The non-custodial parent will be summoned to court to show why he or she should not be held in contempt for not paying support as ordered, and depending on the offense, can be sentenced to jail.

Frequently Asked Questions:

Q. Can a wage withholding be requested for my child support payments?

A. Yes. All support orders issued or modified must include a provision for wage withholding.

Q. Can past-due child support be taken from the State income tax refund?

A. Under Federal law, all States with State income tax must offset State income tax refunds for past-due support owed.

Q. Can Federal income tax refunds be offset the same way?

A. Yes, States can request an offset of Federal income tax refunds for past-due support.

Q. The children’s father lost his job and is collecting unemployment compensation. Can child support payments be deducted and sent to me?

A. Yes. Unemployment compensation, and other State and Federal benefits can be withheld for child support.

Q. My children are over 18 and don’t get child support any more, but there is still a $10,000 arrearage owed to me for support that was never paid. Will the CSED collect that money for me?

A. Yes, Child Support Enforcement office is required to collect the back support.

Lawyers at our Painesville firm, Patrice Denman Co. LPA, have been helping clients with divorce and child support proceedings for over 20 years. If you would like to speak with one of our attorneys, please contact our Painesville office for a free consultation.