Medina County CSEA handles the termination of child support orders either judicially or administratively based on the jurisdiction of the existing order. The further in advance the parties know of a reason to terminate the support obligation and advise the CSEA, we can start the appropriate process on your case more expediently. The residential or custodial parent of a child support order is the person who is responsible for notifying the CSEA when there is a reason to terminate a child support order. That being said, the nonresidential or noncustodial parent can contact the CSEA at any time if there is a known legal reason for child support to terminate. The reasons to terminate a child support order include:
Emancipation – The Most Common Reason for Termination of Support
The most common reason to terminate a child support order is due to the emancipation of a child. When a child has reached the age of eighteen (18) years and has either graduated from an accredited high school or is no longer attending an accredited high school on a full time basis OR is nineteen (19) years of age while still attending an accredited high school on a full time basis, that child is considered emancipated.
Court Termination of Child Support
A majority of child support cases end up going through the court process, even if they didn’t start out there. Cases that started out in the court (Dissolution or Divorce Orders, Juvenile Court Orders) stay in the court. Administrative Orders that started out at the CSEA but were filed with the court by the CSEA for enforcement or by the parties directly also remain within court jurisdiction. The Court Termination process is as follows:
Administrative Termination of Child Support (Hearings held Telephonically)
When a child support order starts out administratively (through the CSEA and not through the courts) and has never been filed in the court for enforcement, the child support order is terminated administratively. The process for Administrative Terminations is as follows:
If we are emancipating the last or only child(ren) on the order:
If we are emancipating a child(ren) and there is at least one remaining child on the order:
Why is money still being garnished from my paycheck?
You may have provided us with verification that a child has emancipated, a custody change order, a death certificate, etc. but we cannot terminate an income withholding order (wage garnishment) until an order states we can. Often times payments are escrowed (held) and not disbursed to the case while a termination of support is pending. You don’t want to overpay and we don’t want you to overpay.
What if my child is no longer in the home?
Regardless of the age of the child in question, we cannot terminate a child support order without a court order. If the child is five (5) months old or seventeen (17) years old and resides with a grandparent (friend, aunt, uncle, etc.) instead of the mother, we can’t terminate support unless there is an order granting custody to third party. This also applies to Temporary Custody Orders. The custody order must be finalized for us to proceed with termination or redirection of support. If a change of custody order is not filed the support will keep going to the custodial parent. No exceptions.
There’s a custody change order, why isn’t my support terminated (Redirection of Support)?
Often times when there is a custody change order to a third party (anyone other than the parents) and there is a support order already in place, a redirect of support is often stated in the order. A redirection of support will simply add the third party to the case and the current obligations will then be redirected to them. Current obligations (child support, medical support, and medical coverage) will terminate to the former custodial parent and be redirected to the new third party. The arrears to the former custodial parent will remain owed to the custodial parent.
The child has moved in with the other parent who’s ordered to pay support, now what?
As previously stated, Ohio cannot terminate support without a court order. If your child now resides with you and no longer with the custodial parent, you need to file a motion to modify custody. We cannot send a termination of income withholding to your employer. Support will keep coming in and going out to the custodial parent unless and until we receive an order from the court stating otherwise.
What if the parties get married to each other or remarry each other?
Please provide our agency with a copy of the marriage certificate. We can terminate support based the parties being married, however, unless specified in the order, the arrears owed will remain on our system for collection.
What happens if the child support payor dies?
If the person obligated to pay child support passes away, the CSEA will obtain a copy of the death certificate and refer the case for termination of support. Because no one but the payor is responsible for the child support arrears, the CSEA may close the case based on the death of the payor. The payee may contact an attorney regarding the payor’s estate and possible collection of arrears that way.
What happens if the child support payee dies?
If the payee or person who receives child support passes away and there are minor children on the case, the CSEA will obtain a copy of the death certificate. We will also try to find out who has been awarded custody of the minor child(ren). If the surviving mother/father of the child has custody, we will refer the case for termination of support. The arrears due the state of Ohio, if any, will remain for collection until the case is paid in full. If a third party has been awarded custody of the minor child(ren), the court will determine the next action to be taken (redirect of support, termination of support, etc.).
What happens if a child on the case dies?
If a child on a case passes away, a death certificate will be obtained and the case will be forwarded to court for termination of support for this child. The arrears owed to the client/state of Ohio will remain for collection until they are paid in full.
The child on my case is 30 years old, why do I still owe?
There is no statute of limitations in Ohio in regards to arrears owed for child support. You are responsible for the child support that should have been paid when the “child” was a minor. The CSEA will keep the case open for collection regardless of how old the “child” on the order is or how old the case is.