ABOUT CHILDREN: A look at how child support works and the Child Support Enforcement Agency – Wooster Daily Record
Posted: August 16, 2021 at 1:51 am
Beverly Theil| Columnist
August is Child Support Awareness Month. Please be aware there are both dead beat moms as well as dead-beat dads. Lets look at how child support occurs.
More: ABOUT CHILDREN: It can't be said enough - have your children vaccinated
First, a relationship between the parent and child must be established. Maternity is established by the mother giving birth. Paternity is established several ways. If a couple is married at the time of a childs birth the husband is presumed to be the father. If the parents are not married, there is a voluntary acknowledgment process through completion of the Acknowledgment of Paternity Affidavit."
This form can be completed at the hospital when the child is born, before both parents leave the hospital, or it can be completed at your county's Child Support Enforcement Agency (CSEA) or your local Vital Statistics Registrar.
If the paternity of a child is contested or in doubt either parent may request the CSEA conduct DNAtesting to determine paternity. All parties are ordered to submit to genetic testing.
An administrative paternity order is issued based on the outcome of the genetic test, which must show at least a 99% probability of fatherhood. If either parent fails to submit to the test, or fails to submit the child for genetic testing, the CSEA may request the court to find the party in contempt and force compliance.
After paternity is established the CSEA schedules a support hearing to establish a support order for the child. Establishment of paternity refers to the legal determination of parentage, not the childs last name.
If the mother has given the child her last name and the father wants the child to have his last name but they do not agree, the father must go to court to have the name changed.
The process to establish paternity is available at any time before the child becomes 23 years old. Paternity can be established even if the parents live in different states or different countries.
A person may receive support if they are the child's biological parent, guardian, legal custodian or other person with whom the child lives. Support orders can sometimes be established by the CSEA without going to court but, if necessary, the CSEA will assist in obtaining a child support order.
The amount of support is determined by using the Ohio Child Support Guidelines. Both parents must provide verification of their incomes for the past six months or their most recent income tax returns. If the obligor (parent who owes support) doesnt pay the state may use income withholding.
This applies to not just wages and includes, but is not limited to: personal earnings; workers' compensation payments; unemployment compensation benefits; pensions; annuities; allowances; private or governmental retirement benefits; disability or sick pay; insurance proceeds; lottery prize awards; any form of trust fund or endowment; lump-sum payments; assets in a financial institution; any other payment in money.
They also can use the Tax Offset, the collection of state and federal tax refunds. Also they can report the support debt to the credit bureaus, invoke professional license suspension, increase the amount of income withholding to pay arrears; and get a seek work orderfor the parent.
Failure to comply with a child support order can result in contempt of court charges. Penalties can increase and include fines and/or jail time. Federal law provides for criminal non-support charges.
In certain cases that includes imprisonment for up to six months and/or a fine, and mandatory restitution of the unpaid support.
Be a good parent. Pay your child support.
Beverly Theil is a child advocate who lives in Ohio. She can be contacted at BeverlyVT@aol.com.
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ABOUT CHILDREN: A look at how child support works and the Child Support Enforcement Agency - Wooster Daily Record
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