Child Support Administrative Enforcement
When can an order be enforced?
Pursuant to Ohio law, a CSEA can take action to enforce a support order when an obligation is in default. To be in ‘default’ an Obligor, or person owing a duty of support, must have an arrearage greater than or equal to one month’s court ordered support obligation.
What administrative enforcement actions can the CSEA take?
If a non-custodial parent does not make payments as ordered in his/her support order and is in default, the CSEA may attempt to enforce and collect unpaid child support. After the default notice is sent to the Obligor, the CSEA then utilizes a number of administrative enforcement tools to ensure parents pay their support. Such enforcement tools include:
- Withholding child support from wages/earnings, unemployment benefits, workers’ compensation benefits, social security benefits, disability benefits, bank accounts, pensions and lottery winnings.
- Intercepting federal and state tax refunds
- Reporting the delinquent parent to the credit bureau
- Suspending driver’s, professional and recreational licenses
- Featuring delinquent parents on wanted posters
- Freezing and seizing assets held at financial institutions through the Financial Institution Data Match Program (FIDM)
- Issuing an order to require the payor to seek work
- Placing liens on certain property
When can an obligor’s driver’s license be suspended?
For a case to qualify for driver’s license suspension, the following criteria must be met:
- The case must be in default and the obligor must have been issued the Notice of Default and Potential action and 90 days have passed
- No active income withholding order
- Non-custodial parent must not be receiving Supplemental Security Income or OWF benefits
- Non-custodial parent is not incarcerated in a state prison or federal prison
- Non-Custodial parent must have been issued a pre-suspension notice to his/her last know address
- Non-custodial parent must have paid less than half of his/her obligation in the preceding three (3) month period prior to the issuance of the pre-suspension letter
To have suspended license reinstated, please contact the CSEA at 330-451-8930 to make payment arrangements.
Once the driver’s license reinstatement criteria have been satisfied, the Obligor will need to go to an Ohio Bureau of Motor Vehicles (OBMV) Reinstatement Center. OBMV will charge a fee for reinstatement.
What is FIDM?
FIDM- Financial Institution Data Match is a program that collects arrears by matching accounts that belong to delinquent obligors.The CSEA then freezes and seizes these accounts.
Criteria for a FIDM are:
- Obligor is in default and has been issued the Notice of Default and Potential Action.
- Obligor is not receiving Supplemental Security Income (SSI) or OWF benefits
** The CSEA may process a FIDM even if the Obligor is currently paying to reduce the arrears balance. **
What is Credit Reporting?
Per Ohio Revised Code 3123.92, if a court or CSEA makes a final and enforceable determination that an obligor is in default, they can be submitted to a Credit Reporting Agency. The State of Ohio maintains a contract with at least one credit reporting agency and electronically submits the Obligor if they have received the Notice to Obligor of Default and Potential Action and have remained in default for a period of two consecutive months.
Seek Work Orders are obtained to order delinquent Obligors to seek work on a monthly basis and report those efforts to the agency. A seek work order may also be issued ordering an Obligor to report to a specific agency to enroll in a job training program.
Judicial Enforcement Techniques
In addition to the administrative enforcement tools, the CSEA may also take judicial action through civil contempt charges or criminal non-support both which may involve jail/prison sentences.