Child Support -
Acknowledgment of Paternity Affidavit: Legal document a man can sign to acknowledge paternity.
Administrative Review of an Existing Child Support Order: A review is conducted by the CSEA to determine if a modification in a child support order is warranted. Parties have the right to a modification hearing if they disagree with the results of the review. If a party still disagrees, that party may request a judicial hearing.
AFFIDAVIT: A written or printed declaration of facts, made voluntarily, and confirmed under oath.
Alleged Father: The man the residential parent is naming as the father.
Arrearage: Unpaid child support owed by a parent ordered to pay child support.
BENCH WARRANT: A warrant issued by the Court for the arrest of a particular person. This type of warrant is issued in a case of contempt, or to bring in a witness who fails to obey a subpoena.
Central Paternity Registry: Data registry located in Columbus for children born out of wedlock.
Child Support Payment Central (CSPC): Ohio's centralized system for collecting and disbursing child support payments.
CONTEMPT: A willful disregard or disobedience of a public authority. A Motion to Show Cause, commonly called a contempt action, is a civil action filed in court when a person who has been ordered by the court to do something fails to follow the court's order. This action is handled by the CSEA IVD attorney who represents the CSEA and the State of Ohio.
Criminal Non-support: A payer who willfully fails to pay support ordered by the CSEA or a court may be charged with criminal non-support. These cases are handled by the Prosecuting Attorney and must meet certain criteria to be considered for prosecution.
CUSTODIAL PARENT: Person with legal custody and with whom a child lives; may be a parent, other relative or someone else. The CSEA uses the acronyms CPF/CPM to designate the custodial parent father, or the custodial parent mother. The Custodial parent is also called the obligee.
Custody: A legal determination, either by statute or court order, as to what individual has legal control over the child. Ohio law since 1998 presumes that an unmarried mother is the legal custodian of the child absent any order to the contrary, but this may be contested by the parents. The CSEA does not involve itself with custody issues.
Default: Condition of a child support account in which the payer has failed to make full monthly payments in a timely fashion. If an account is one month or more in arrears, the CSEA may take enforcement action.
DEFENDANT: Person against whom a civil or criminal proceeding is initiated
Electronic Funds Transfer (EFT): A process that allows funds to be directly deposited into a bank account.
Emancipation: The act of removing a child from a support order because that child has become an adult and no longer a full-time high school student, has married, joined armed services or due to such other action or order as outlined by statute.
Enforcement: Efforts taken to see that a support and/or health insurance order are paid or fulfilled.
Financial Institution Withholding: Procedure by which funds may be withdrawn on a regular basis from a bank or financial institution set up by the payer; the withdraw is made via an administrative or judicial order to the bank or institution.
Genetic Tests: Analysis of blood, tissue, and/or DNA of the mother, child and alleged father(s) to prove or disprove paternity. Huron County CSEA generally uses the buccal swab method for collecting samples. The buccal swab, which obtains samples from the inner cheek of the parties, is painless, quick, and reliable.
GUIDELINES: A standard method for setting child support obligations based on the income of the parent's) and other factors as determined by State Law.
Income Withholding: Procedure by which the payer of an obligor, usually an employer, financial institution, contractor, or other entity that provides payments, deducts support pursuant to an order from the CSEA or court. Orders for income withholding take precedence over all other forms of garnishment. The Consumer Protection Credit Act limits the amounts that can be income withheld to a maximum of 65% where arrearages exist. Two or more orders for withholding must be prorated.
JUDGMENT ENTRY: A judge's decision regarding a case.
Jurisdiction: Legal authority a court has over particular persons or certain types of cases in a defined geographical area
Lien: Legal claim upon property to prevent sale or transfer until a debt is satisfied.
LONG ARM STATUE: A law which permits one state to claim personal jurisdiction over someone who lives in another state.
Medical Support: Legal order to provide medical insurance for a child.
Mistake of Fact Hearing: An administrative hearing available to the parties if they disagree with certain decisions and/or recommendations of the CSEA including emancipation and notices of default.
MODIFICATION OF SUPPORT: Change of prior support orders based upon a substantial change in circumstances. For example, if the income of one party substantially increases, this change may warrant a change in the support order. There are many reasons for which a review of an existing child support order may be warranted.
MOTION TO IMPOSE: A motion filed with the court seeking to impose jail time which has been suspended pending compliance with a court order.
MOTION TO INTERCEPT LUMP SUM: A motion filed with the court seeking to intercept lump sum that the obligor is entitled to receive. The lump sum intercepted must be in excess of $150.00. Any monies intercepted will be applied to an obligor's child support or spousal support arrearages.
NONCUSTODIAL PARENT: Parent who does not have primary custody of a child but who has a responsibility to financially support the child. The CSEA uses the acronyms APF/APM to designate the absent parent father, or the absent parent mother. The non-custodial parent is also called the obligor.
Obligee (residential parent): The parent or custodian with whom the child resides. This party does not have to be the actual biological parent of the child
Obligor (non-residential parent): The parent or parents who do not live with the child(ren), but who have a duty of financial support for the child(ren).
Ohio Works First (OWF): Public assistance; monthly cash payments for families with children.
ORDER: Direction of a magistrate, judge or properly empowered administrative officer
Paternity Establishment: The administrative or judicial establishment of a party as the biological father of a child.
PATERNITY JUDGMENT: Legal determination of fatherhood.
Payee: The party entitled to receive child support payments. This party is also known as an obligee, or custodial parent (CP), for child or spousal support purposes.
Payer: The party ordered to pay child support. This party is also known as an obligor, for child or spousal support purposes.
PLAINTIFF: Person who brings an action against a defendant.
Processing Charge: An amount of 2% which the CSEA is required to charge on every dollar it collects or is required to collect. This is to compensate the CSEA for the cost of processing the moneys it collects. It was formerly called poundage.
RESCISSION OF PATERNITY: You have 60 days after the last notarized signature to rescind your voluntary paternity declaration. Before the 60 days are up, either parent can go to the child support office (in the county where the mother of the baby lives) and request a "rescission." This means that you are not sure that you are the father and you would like to request genetic testing just to make sure. Either parent can do a "rescission" without the other parent's permission; but it must be done before the 60 days are up. After the 60 days, the father of record is considered the legal father and this can only be changed in court.
RECOUPMENT: A payment that the obligee or obligor received because of a misposting or other reason, that is due to another entity
STATE HEARING: A hearing that a party can request in order to examine the appropriateness of the CSEA's actions on a case..
Support Enforcement Tracking System (SETS): Statewide computer system that manages all child support cases in the State of Ohio.
SETS case number: Ten-digit child support identification number. All Ohio SETS case numbers begin with "7."
STOP PAYMENT: When a check has not yet reached it's payee or when duplicate checks have been issued on a case, the bank is notified not to pay out on the check.
SUBPOENA: A command to appear at a certain time and place to give testimony upon a certain matter. It requires production of books, papers, and other things.
Support Order: Any judgment, decree, or order of support, administrative or judicial rendered, for the obligor to pay the obligee for the care and support of the child(ren) at issue. Support orders can be temporary or final, and are subject to modification or revocation.
TAX OFFSET: (Also know as tax intercept) When the obligor's income tax refund check (Federal or State) has been taken by child support to pay an arrearage (back support).
UIFSA (UNIFORM INTERSTATE FAMILY SUPPORT ACT): This act refers to legal proceedings on behalf of either the obligor or obligee that involves support when one party lives in Ohio and the other party lives in another state. It does not involve alimony or visitation issues.
VISITATION: The right of a non-custodial parent to visit or spend time with his or her children. The Child Support Enforcement Agency has no authority to address visitation issues.
WAGE WITHHOLDING: Procedure by which automatic deductions are made from the wages of the person obligated to pay child support. Orders for wage withholding take precedence over all other forms of garnishment. The Consumer Protection Credit Act limits the amounts that can be income withheld to a maximum of 65% where arrearages exist. Two or more orders for withholding must be prorated.
WAIVER: Voluntary and knowing release of personal rights or obligations such as the rights to contest parentage actions, the rights to paternity testing, and the right to have representation by counsel.