Services
- Interstate Cases
- Paternity Establishment
- Support Enforcement
- Support Establishment
- Support Order Review
- Tax Offset Program
UIFSA (Uniform Interstate Family Support Act) is the act that allows for the establishment of paternity, establishment of support and enforcement of an existing order when one party lives in Ohio and the other party lives in another state. This service can be requested by either party.
The UIFSA unit will ask the party requesting our services to supply information needed to process the case along with copies of certain documents that may apply (birth certificate, divorce decree, support order, financial information, etc.). Once this information is gathered, we will send a petition to the other state's central registry and they will send the case to the agency that has jurisdiction. We then work with that agency in getting the case established or enforced. UIFSA cases do require much paperwork and the whole process can be lengthy.
For more information, contact the agency at 303-740-2073 or 800-528-9511.
The UIFSA unit will ask the party requesting our services to supply information needed to process the case along with copies of certain documents that may apply (birth certificate, divorce decree, support order, financial information, etc.). Once this information is gathered, we will send a petition to the other state's central registry and they will send the case to the agency that has jurisdiction. We then work with that agency in getting the case established or enforced. UIFSA cases do require much paperwork and the whole process can be lengthy.
For more information, contact the agency at 303-740-2073 or 800-528-9511.
Establishing Paternity for Your Child's Sake
Paternity means fatherhood. Establishing paternity means legally naming a father for your child. When a child is born to parents who are married to each other, the mother's husband is presumed to be the father of the child and paternity is automatically established.
If a baby is born to parents who are not married to each other, paternity is not established automatically.
Why Establishing Paternity is Important
Paternity gives your child:
Paternity means fatherhood. Establishing paternity means legally naming a father for your child. When a child is born to parents who are married to each other, the mother's husband is presumed to be the father of the child and paternity is automatically established.
If a baby is born to parents who are not married to each other, paternity is not established automatically.
Why Establishing Paternity is Important
Paternity gives your child:
- A sense of identity and belonging.
- Increased likelihood to know about diseases or disorders that exist in the fathers family.
- Entitlement to the father's financial and economic benefits, such as child support, health insurance, social security, pensions and veterans benefits.
- The right to inherit from the father in the event of his death.
- Establishing paternity is a must, in order to get a child support order.
Once a support order is established, there are several methods the Mahoning County Child Support Agency uses to enforce the order. The most common is by wage withholding, which is mandatory. This is implemented as soon as an employer is verified. Other sources of "income" that are attachable include but are not limited to:
An obligor/payor who is self-employed, is required to send in the payment on their own. If they fail to do so, they may be held in contempt of court.
Out-of-State
If an obligor/payor lives in another state and an employer is verified, a wage withholding order can be sent to the employer who is bound by law to follow the order. If we are unable to verify employment, the custodial parent can proceed with an action under UIFSA (Uniform Interstate Family Support Action) which will allow the other state agency to enforce the order.
Payment on Arrears
To enforce payment on arrears, payors are submitted for federal and state offset. This allows their tax refund to be intercepted and applied to arrears balances.
Other Enforcement Actions
Some other enforcement actions that can be initiated by the Child Support Agency are as follows:
Passport Denial
The obligor must be in arrears in excess of two thousand five hundred dollars ($2,500) when submitted for the IRS Tax Offset. The U.S. State Department will deny a U.S. passport based on this criteria. At this time they are only required to refuse to issue a passport but in the future they will be able to take to revoke, restrict, or limit a passport previously issued to any person certified as owing a support arrearage based on the criteria for arrears.
FIDM (Financial Institution Data Match)
The CSEA may determine to pursue an Access Restriction and Withdrawal Directive on an obligors' Financial Institution account. Mahoning County CSEA will pursue a FIDM as an Enforcement technique on a case where arrears still exist and the obligor is paying current child support, along with the 20% of the current child support toward arrears, if there are funds in a Financial Institution.
License Suspension
In accordance with the Ohio Revised Codes and PRWORA, it is a law that License Suspension may be used as an Enforcement Technique when an obligor is in Default. License Suspension allows counties to suspend an obligor's Driver's License, Professional License and/or Recreational License.
- Personal earnings
- Worker's Compensation payments
- Unemployment benefits
- Pensions
- Annuities
- Private or governmental retirement benefits
- Disability or sick pay
- Lottery prize awards
- Lump sum payments
- Assets in a financial institution
An obligor/payor who is self-employed, is required to send in the payment on their own. If they fail to do so, they may be held in contempt of court.
Out-of-State
If an obligor/payor lives in another state and an employer is verified, a wage withholding order can be sent to the employer who is bound by law to follow the order. If we are unable to verify employment, the custodial parent can proceed with an action under UIFSA (Uniform Interstate Family Support Action) which will allow the other state agency to enforce the order.
Payment on Arrears
To enforce payment on arrears, payors are submitted for federal and state offset. This allows their tax refund to be intercepted and applied to arrears balances.
Other Enforcement Actions
Some other enforcement actions that can be initiated by the Child Support Agency are as follows:
Passport Denial
The obligor must be in arrears in excess of two thousand five hundred dollars ($2,500) when submitted for the IRS Tax Offset. The U.S. State Department will deny a U.S. passport based on this criteria. At this time they are only required to refuse to issue a passport but in the future they will be able to take to revoke, restrict, or limit a passport previously issued to any person certified as owing a support arrearage based on the criteria for arrears.
FIDM (Financial Institution Data Match)
The CSEA may determine to pursue an Access Restriction and Withdrawal Directive on an obligors' Financial Institution account. Mahoning County CSEA will pursue a FIDM as an Enforcement technique on a case where arrears still exist and the obligor is paying current child support, along with the 20% of the current child support toward arrears, if there are funds in a Financial Institution.
License Suspension
In accordance with the Ohio Revised Codes and PRWORA, it is a law that License Suspension may be used as an Enforcement Technique when an obligor is in Default. License Suspension allows counties to suspend an obligor's Driver's License, Professional License and/or Recreational License.
If you do not have a child support order established for your children, the local child support enforcement agency can provide this service to you. The child's parent, guardian, legal guardian or the person with whom the child lives can contact the local child support agency for assistance in having a child support order established formally.
Application for support establishment can be submitted in person at the agency located at the Oak Hill Renaissance Place. Call the agency, at 303-740-2073, to obtain further information.
Process
The parties will be contacted and requested to send in certain documents and information which are required to establish an order of child support. The agency will first attempt to establish child support through the administrative process. Both parties will be notified to attend a child support hearing before an Administrative Hearing Officer. At that time income information will be reviewed and calculated. Child support is calculated using information about your income and the other parent's income, certain expenses and number of dependents in a state mandated formula. The amount of child support is determined by using the Ohio Child Support Guidelines. The Administrative Hearing Officer will also determine who is responsible for health insurance coverage. If the parties disagree, they can file an objection with the appropriate court. Their case will then be heard through the court system.
If the custodial parent or the children receive any type of assistance from the Mahoning County Department of Job and Family Services, they must cooperate with the Child Support Agency in establishing medical and financial support for their children.
Custody/Visitation
The agency cannot address custody or visitation issues in any manner
Application for support establishment can be submitted in person at the agency located at the Oak Hill Renaissance Place. Call the agency, at 303-740-2073, to obtain further information.
Process
The parties will be contacted and requested to send in certain documents and information which are required to establish an order of child support. The agency will first attempt to establish child support through the administrative process. Both parties will be notified to attend a child support hearing before an Administrative Hearing Officer. At that time income information will be reviewed and calculated. Child support is calculated using information about your income and the other parent's income, certain expenses and number of dependents in a state mandated formula. The amount of child support is determined by using the Ohio Child Support Guidelines. The Administrative Hearing Officer will also determine who is responsible for health insurance coverage. If the parties disagree, they can file an objection with the appropriate court. Their case will then be heard through the court system.
If the custodial parent or the children receive any type of assistance from the Mahoning County Department of Job and Family Services, they must cooperate with the Child Support Agency in establishing medical and financial support for their children.
Custody/Visitation
The agency cannot address custody or visitation issues in any manner
Child support is calculated using information about your income and the other parent’s income, certain expenses and number of dependents in a state mandated formula. Both the CSEA and the Court follow the Ohio Child Support Guidelines.
A modification or review of support is a 4-step process.
Step One: Requesting a Review
A review may be requested by either parent and must always be in writing. Within 15 days of the request, the Child Support Agency will determine whether a review should be conducted. The parent requesting the review will be notified if the review will not be conducted and the reason why.
Step Two: The Review
Both parties will be sent a financial information packet. Both parties have 45 days to complete and mail their packets back to the agency. If the parent requesting the review fails to respond within the 45 day limit, the review shall be denied/terminated for non-cooperation. However, once the completed packet is received, the review cannot be terminated by the requesting parent.
The revised order shall be included in an Administrative Adjustment Recommendation. The support amount shall not be changed unless it varies more than 10% from the current order.
The recommendation shall include a notice that either party may request an administrative hearing within 30 days of the date of the adjustment, if they do agree with the adjustment. If either party still disagrees, they have the right to request a court hearing. If no hearing is requested, the reviewed amount of support will be submitted to the court.
Step Three: The Objection Period
If administrative hearing is to be set, the hearing shall be scheduled within 15 days after receiving the request. The parties shall be mailed a notice of the hearing at least 10 days prior to the hearing. One good cause continuance may be granted to each party, provided the request is received prior to the hearing. However, the new hearing must be set within 15 days of the initially scheduled hearing.
Step Four: The Administrative Hearing Decision
The decision shall be issued after the hearing. Either party may request a court hearing by submitting an objection to the CSEA in writing or the appropriate court, either the Domestic Relations Court or Juvenile Court with copy to the CSEA within 15 days of the issuance of the administrative hearing decision.
A modification or review of support is a 4-step process.
Step One: Requesting a Review
A review may be requested by either parent and must always be in writing. Within 15 days of the request, the Child Support Agency will determine whether a review should be conducted. The parent requesting the review will be notified if the review will not be conducted and the reason why.
Step Two: The Review
Both parties will be sent a financial information packet. Both parties have 45 days to complete and mail their packets back to the agency. If the parent requesting the review fails to respond within the 45 day limit, the review shall be denied/terminated for non-cooperation. However, once the completed packet is received, the review cannot be terminated by the requesting parent.
The revised order shall be included in an Administrative Adjustment Recommendation. The support amount shall not be changed unless it varies more than 10% from the current order.
The recommendation shall include a notice that either party may request an administrative hearing within 30 days of the date of the adjustment, if they do agree with the adjustment. If either party still disagrees, they have the right to request a court hearing. If no hearing is requested, the reviewed amount of support will be submitted to the court.
Step Three: The Objection Period
If administrative hearing is to be set, the hearing shall be scheduled within 15 days after receiving the request. The parties shall be mailed a notice of the hearing at least 10 days prior to the hearing. One good cause continuance may be granted to each party, provided the request is received prior to the hearing. However, the new hearing must be set within 15 days of the initially scheduled hearing.
Step Four: The Administrative Hearing Decision
The decision shall be issued after the hearing. Either party may request a court hearing by submitting an objection to the CSEA in writing or the appropriate court, either the Domestic Relations Court or Juvenile Court with copy to the CSEA within 15 days of the issuance of the administrative hearing decision.
The Federal and State offset programs are designed to enforce past due support obligations. Under this process, support arrearage is satisfied through the offsetting of Federal and State income tax refunds payable to obligors owing past due support. The "SETS" system will automatically submit obligors to the offset program if their arrearage is over $500 owed to the obligee or if over $150 is owed to the state for Public Assistance arrears. Obligors will receive a notice in the mail if they are being submitted to the program.
If there is an arrearage owed to the state AND to the obligee, the IRS tax refund will be applied towards the state arrears first and once that balance is satisfied, the refund will go towards the arrears owed to the obligee.
If the obligor files a joint tax return with his/her spouse, that spouse may claim his/her portion of the refund by completing an IRS Form 8379 Injured Spouse Allocation within 6 months of the agency receiving the tax refund. If this form is not completed, the whole tax refund will be applied towards arrears.
If there is an arrearage owed to the state AND to the obligee, the IRS tax refund will be applied towards the state arrears first and once that balance is satisfied, the refund will go towards the arrears owed to the obligee.
If the obligor files a joint tax return with his/her spouse, that spouse may claim his/her portion of the refund by completing an IRS Form 8379 Injured Spouse Allocation within 6 months of the agency receiving the tax refund. If this form is not completed, the whole tax refund will be applied towards arrears.
Services Not Provided
- Divorce or dissolution
- Custody, visitation and parenting time
- Determination of the amount of alimony or spousal support
- Property settlements