Enforcement Techniques

10 Day Letter

Seek Work

A Seek Work Order is issued any time the Obligor is not employed, even if unemployment benefits are being attached.  If a Seek Work Order is less than six months old, a reminder letter will be sent instead of a new order.  A form is included with either mailing.  The form must be used to collect signatures at 30 places of potential employment each month and returned to the agency.  Failure to return the completed form may result in a contempt action being filed.

Contempt

Failure to comply with an order of the court subjects the party to a Motion To Show Cause.  This means that the Obligor must show the court why he/she should not be found in Contempt.  The first hearing is held in front of a Magistrate in Juvenile or Common Pleas court, according to where the entry was filed.  A purge review may be given and new court date set to give the OBLIGOR the opportunity to comply with the terms set out by the court prior to a finding of the court.  Failure to meet the terms of the purge may result in jail time.  The First Offense carries 30 days.  The Second Offense carries 60 days.  The Third Offense carries 90 days.  The court has the discretion to modify the jail sentence.  Fines may also be levied against the Obligor.

Default

When  the amount of unpaid child support exceeds the monthly obligation ordered by the court, the case is considered being in default.  When default occurs, an additional order of up to 20% of the current obligation may be added to the income withholding.  Before the additional amount is added, the OBLIGOR must be given notice and has seven days to object to the action being taken against him/her.  The notice, ODJFS 4049, AAdvanced Notice to OBLIGOR of Default and Potential Action is generated through SETS.  If objections are raised, an administrative hearings is held to determine if the action is correct or if there are any errors in the arrearage balances before the additional amount is included.  If no objections are filed, the additional 20% is added to the income withholding after the seven day period. The order remains in effect until the arrearage balance is 0.  If the additional 20% is not paid each month, it does not accumulate as an arrearage.

Credit Reporting

Credit Reporting is done via SETS when the case falls into default and the ODJFS 4049 has been generated by SETS.  The amount of the delinquency is reported to at least one Consumer Reporting Agency.  Information includes the OBLIGOR's name, address, social security number, any other identifying data and the amount of the arrearage.

Drivers License Suspension

Notice is sent via SETS to the Bureau of Motor Vehicles (BMV) that the OBLIGOR is in default or has failed to comply with a warrant or subpoena and instructs the BMV not to renew or issue any license to the OBLIGOR, suspend any license currently held by the OBLIGOR, and not to reinstate any license until notified by the CSEA.  Compliance is met when the CSEA determines the OBLIGOR is no longer in default due to the arrearage being paid in full or an appropriate income withholding has been issued to collect current support and any arrearage due under the child support order that was in default and the OBLIGOR is complying with the order.

Professional License Suspension

The CSEA will notify the licensing board(s) that the OBLIGOR is in default or has failed to comply with a warrant or subpoena and instructs the board(s) not renew or issue any license to the OBLIGOR, suspend any license currently held by the OBLIGOR, and not to reinstate any license until notified by the CSEA.  Compliance is met when the CSEA determines the OBLIGOR is no longer in default due to the arrearage being paid in full or an appropriate income withholding has been issued to collect current support and any arrearage due under the child support order that was is default and the OBLIGOR is complying with the order.

FIDM (Financial Institution Data Match)

Federal legislation requires that states enter into agreements with financial institutions doing business in the state to conduct quarterly matches of non-custodial parents who owe past due child support with funds on deposit in the financial institutions.  The Federal Office of Child Support is responsible for the data match with multistage financial institutions.  A financial institution may be a bank, savings and loan, thrift, federal or state credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or similar institution.  The agreements require the financial institution to provide the account information to Ohio CSEAs to implement freeze and seize for collection of a child support arrearage.

Tax Offset

A IV-D case that meets certain criteria may be submitted to the Internal Revenue Service for interception of tax refund monies.  The criteria is that the arrearage is at least $500.00 on a single case and the child for whom the duty of support is owed is under the age of 18 years as of December 31 in the year the case is being submitted.  The debt may include spousal support for the parent the child is living with if the child support and spousal support are included in the same order.  The hierarchy for allocating federal tax monies is set forth by federal statute.  Submittal is via SETS.  Submittal to the Ohio Department of Taxation is included when a submittal is made to the IRS.  Cases in which the child is beyond the age of 18 years is still subject to submittal to intercept of Ohio state tax.  If a joint tax return is filed, the party who does not owe a duty of support may file for an adjustment of their tax refund.  Joint returns are held for six months by the CSEA before being released to the State or the Obligee.

Passport Denial

The request for a  passport may be denied if the child support arrearage is equal to or greater than $5,000.00 for a single case.

Criminal Non-Support

If an Obligor fails to pay child support for a child under the age of 18 years for 26 weeks out of 104 consecutive weeks, he/she be charged with criminal non-support.  This is a Felony in the Fifth Degree that may result in a sentence of 6-12 months in prison and/or community control sanctions.

Tax Offset