Support Order Termination
Obligor: The person ordered to pay child support (also referred to as a non-custodial parent).
Obligee: The person, state or tribal agency, or other entity ordered to receive child support (also known as a custodial party when the order is paid to the person with primary custody).
What is Support Order Termination?
The termination of a child support order means that the parents no longer have a legal duty to support that child. No new child support will be charged after the date of termination. If the parent who was paying child support (the obligor) has no unpaid balances (or arrearages) on the date of termination, then the order for that child is over and the case will be closed.
If the obligor does have arrearages at the date of termination, the CSEA will still collect these arrearages until they are paid in full. These arrearages may be owed to the obligee, to the State of Ohio or to both.
When can a Support Order be terminated?
The legal duty of a parent to support their child goes until the child’s 18th
birthday. If the child is still a full-time high school student on their 18th
birthday, then the duty to support will continue until the child is no longer a full-time high school student or until their 19th
birthday, whichever comes first.
A parent’s duty to support a child MAY
be longer than this if (1) the child is permanently disabled or (2) the Domestic or Juvenile Court Entry that created or modified the support order requires that it go longer.
The CSEA can recommend terminating (ending) a child support order for the following reasons:
I believe my order should terminate. What do I do?
- The child is 18 and no longer attends an accredited high school full0time
- The child previously reached the age of 18 and has graduated or is no longer attending an accredited high school on a full-time basis
- The child reaches the age of 19 unless otherwise noted in a court order
- The child’s marriage
- The child’s emancipation
- The child’s enlistment in the military
- The child’s adoption or deportation
- Change of legal custody of the child
- The obligor’s death
- The child’s death
- The obligor and obligee are married and reside together with the child
- The obligor or obligee is a grandparent and there is a change in the status of the child or child’s parent
If you believe your support order should be terminated for any of the reasons listed above, contact the CSEA. If you believe the support order should stop for any reason not listed above, you may file a motion with the Court.
What happens during the termination process?
When appropriate, the CSEA will conduct a termination investigation. This investigation determines:
- Whether a reason to terminate the support order exists
- If there are other minor children subject to the support order
- If the obligor owes any past due support or other balances
- If it is necessary to continue income withholding for other minor children or past due support
Once the investigation is complete, CSEA will mail a copy of the recommendation to both parties. This recommendation includes:
- The date and reason why the order should terminate
- The amount of any unpaid balances (arrearages) that exist
- The monthly amount of arrearages that should be paid if there are unpaid balances.
Both parties have fourteen (14) days from the date the termination recommendation was issued to object. If neither party objects within 14 days, the CSEA recommendation will become a final order.
What if I do not agree with the recommendation?
If you do not agree with the recommendation, you may request an administrative hearing by giving the CSEA a written notice within fourteen (14) days of the date the recommendation was issued.
The If one or both parties request an administrative termination hearing, a Hearing Officer with the CSEA will conduct a hearing and issue a written decision. Once the parties receive the Hearing Officer’s decision, they each have another 14 days to object to the decision and to request a court hearing before a Magistrate. If no objection is made within 14 days, the Hearing Officer’s decision will become a final order.
Will a Court hearing be needed?
If a court hearing is requested by a party, the Court will schedule a hearing before a Magistrate. Each party will be mailed a list of documents to bring with them to court. Assume that the hearing will take place on the scheduled date and bring any documents or witnesses you want to present in your hearing to court that day. The Magistrate has no access to any documents that you provided to the CSEA and will only be able to consider documents that are presented in court the day of the hearing.
If the parties can work out an agreement before their hearing date, they should still attend the hearing so that the Magistrate can make it an order of the Court. If the party that requested the court hearing does not appear at the hearing, then the hearing will not be held, and the Hearing Officer’s decision will become an order of the Court.
How will my employer know my order has been terminated?
When all obligations are paid in full, a recommendation to terminate income withholding will be issued.
What if my case is overpaid?
When the CSEA is aware that support is, or may become overpaid, the CSEA may impound (put a hold) on support paid according to the child support order. The money will be released to the appropriate party following the termination process.
How long does this process take?
This administrative process typically takes 2-3 months. Child support records and withholding notices will not be updated until a new final order is issued by the Court or CSEA. The time frames will be longer if objection hearings are needed.
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