Terminating Child Support when Child is 19

My question involves child support in the State of: Ohio

My husband has a son from a previous relationship, who he pays child support for. His son just turned 19 in mid June. The child support order was supposed to stop permanently when his son turned 18, but got extended, due to his son not having graduated from high school yet - he dropped out, then his mother enrolled him in an alternative high school.

My husband ended up missing several months' worth of child support payments, when the payments temporarily stopped in July, and didn't start back up until October. It took a while for the new order to go to into effect, and for my husband's employer to resume garnishing the payments from his paycheck. My understanding is that child support ends at age 19 in Ohio.

In any case, what does my husband need to do now, now that his son is 19? Child support is still being deducted from his paychecks, but is not being applied towards arrears. Does he need to file some sort of motion with the child support agency, to have the order terminated, except for the arrears? Would a letter to the CSEA be OK?

Will any money that's been/will be withheld from his paychecks after his son's 19th birthday be applied to the arrears? From our calculations, the arrearage balance is at least several hundred dollars higher than it should be, too. My husband had requested an accounting from the CSEA as to why the balance is higher than it should be, but they ignored it, and never responded to his request. Does Ohio allow for interest on child support arrears?

Also today, my husband received a letter in the mail from the county child support agency, stating that he or his son's mother have the right to request an administrative review of the case, if either of them has experienced an increase or decrease in income since the order was set. Why would they send that now, with his son already being 19? My husband's income has increased quite a bit since the original child support order 19 years ago (but so has his son's mother's income too), and I don't believe there's ever been a review to see if the child support should be increased. Can his son's mother request a review now, at this point in time, and get a retroactive increase?

Finally, one more thing. Is there any reason why his son's mother would be able to get the child support continued, even though Ohio law says it ends at 19? I mean, besides the arrearage balance, of course?

Thanks in advance for any replies.

If support is supposed to be stopped and has not been stopped, yes, your husband would want to file a motion - expeditiously.

Child support agencies send notices informing parents of their rights to periodic review because parents have a right to periodic review.

We would have no way of knowing what the mother may or may not do. If she requests more support and is not legally entitled to receive it, your husband should be able to successfully oppose the petition.

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Quoting Mr. Knowitall

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If support is supposed to be stopped and has not been stopped, yes, your husband would want to file a motion - expeditiously.

Child support agencies send notices informing parents of their rights to periodic review because parents have a right to periodic review.

We would have no way of knowing what the mother may or may not do. If she requests more support and is not legally entitled to receive it, your husband should be able to successfully oppose the petition.

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Thank you for the reply, I appreciate it. If mny husband files a motion to stop the current support, will any support that's been collected after his son's 19th birthday automatically be applied to his arrearage balance? Or would the CSEA just count it as "current" support", and he'll still have the same arreage balance?

Ohio CSEA is usually good about enforcing a termination effective date, without returning to court to compel it. They will continue to collect the arrears. He needs to call CSEA and find out why the termination date was not honored and when arrears will be paid in full. If they cannot give him this in writing, he will need to court order to discontinue.

Although the child is emancipated as of last month and child support would normally end then, the payroll deduction will continue until the arrears are paid in full.

From what was stated here, dad likely owes for at least a couple of more months

If it appears the case will be paid in full, and the CSEA is aware of that, it should hold onto any overpayments received from the employer. Unrecovered overpayments may be eligible for state income tax offset.

http://www.co.stark.oh.us/internet/H...s_Emancipation

http://codes.ohio.gov/oac/5101:12-50-20.3

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Quoting Blossom

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Does he need to file some sort of motion with the child support agency, to have the order terminated, except for the arrears? Would a letter to the CSEA be OK?

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Although it is preferred that notice be given to the agency in writing, either parent may contact the agency by phone or in person to report this information. The agency will complete an investigation within 20 calendar days of receiving notice to verify this information.

Either party may file a Motion to Emancipate or Terminate on their own in the court that issued their original order.

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Quoting gator1

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Although the child is emancipated as of last month and child support would normally end then, the payroll deduction will continue until the arrears are paid in full.

From what was stated here, dad likely owes for at least a couple of more months

If it appears the case will be paid in full, and the CSEA is aware of that, it should hold onto any overpayments received from the employer. Unrecovered overpayments may be eligible for state income tax offset.

http://www.co.stark.oh.us/internet/H...s_Emancipation

http://codes.ohio.gov/oac/5101:12-50-20.3

Although it is preferred that notice be given to the agency in writing, either parent may contact the agency by phone or in person to report this information. The agency will complete an investigation within 20 calendar days of receiving notice to verify this information.

Either party may file a Motion to Emancipate or Terminate on their own in the court that issued their original order.

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Thank you, I appreciate the info!