CSEA Enforcement

The Child Support Enforcement Agency has several administrative tools to use to encourage the obligor to pay their court ordered child support.

CSEA Enforcement Tools

Many child support cases are paid with a wage withholding order and no additional enforcement is needed. When the monthly court ordered support obligation is not paid in full, it is considered delinquent and is in default.  The following is a brief explanation of default and the enforcement tools that the CSEA can use.

Default

  • A payor or obligor is considered in default when the child support amount is not paid in full by the end of the month.
  • Once you are in default, you will receive a notice that the child support payment was not paid in full.
  • An additional 20% will be added to the current child support order to address the back child support.

Drivers' License Suspension

  • The CSEA can suspend a driver’s license when there is an active support order (current child support and/or order for arrears), and the obligor is in default
  • There is no active wage withholding order in place—only voluntary payments
  • A notice is sent to the obligor regarding the driver’s license suspension if payment is not made
  • The obligor is responsible for making a payment to the CSEA in order to stop the driver’s license from being suspended

Driver’s License Reinstatement

  • A lump sum payment of no less than the court-ordered monthly obligation must be made
  • In some instances, a complete payment may be made, or the implementation of a wage withhold may be an option
  • Payment must be verified prior to the reinstatement of the driver’s license
  • The Bureau of Motor Vehicles (BMV) may also charge a fee for reinstatement

Financial Institution Data Match (FIDM)

  • This is the process of an involuntary seizure of funds from your financial institution to fulfill back-owed child support
  • Funds can be involuntarily seized even if you are making a payment(s) to reduce the amount owed for back child support
  • FIDM cannot be used when obligor is in current bankruptcy status

Income or Wage Withholding

  • The CSEA will verify employment and issue a wage withholding order. The employer will deduct the amount of the support payment directly from the obligor’s wages and send them to Ohio Child Support Payment Central (OCSPC)
  • The Child Support Agency can also order a wage withhold from certain types of “income benefits” including Social Security and Worker’s Compensation
  • If you are unemployed, the CSEA will send a wage withholding order to Unemployment Compensation (UC). The wage withhold from UC will address the child support order but will NOT include the administrative fee(s). The obligor is responsible for paying the difference.
  • The CSEA can also issue a wage withhold for those who are self-employed from either a checking or savings account

Lottery Winnings & Lump Sum Payments (not sure why the font/color below is different but it does not need to be)

Lottery winnings are subject to being intercepted by child support when the obligor is in default.  The Ohio Lottery Commission is required to stipulate that each person entitled to a lottery prize award must affirm, in writing and under oath, whether the person is in default under a support order.

Lump Sum awards can also be involuntarily seized to satisfy a court-ordered child support order. Lump sum awards are defined as benefits other than personal earnings that the obligor is eligible to receive or is receiving. These include but are not limited to unemployment compensation, Worker’s Compensation, severance pay, sick pay, sick leave, retirement benefits, retirement contributions, bonuses, or profit-sharing payments.

Employers are required to notify the Child Support Agency if the obligor is eligible to receive a lump sum payment equal to or more than $150.00. The CSEA will pursue a court action to intercept the funds on behalf of the child support order and the past owed child support.

State and Federal Tax

The CSEA can intercept the Ohio Department of Taxation (ODT) and federal Internal Revenue Services (IRS). The obligor’s refund may be intercepted even if they are currently paying an amount to reduce the arrearage. The following criteria must be met for a ODT/IRS submission:

  • Signed CSEA application for services must be on file
  • Current court obligation with arrears
  • Must file and be eligible for a state and federal tax refund
  • Verified social security number
  • ODT—$150.00 in arrears
  • IRS—$500.00 in arrears owed to the oblige and $150.00 in arrears owed to the State of Ohio

If the case has an arrears balance owed to the State of Ohio and a state or federal tax intercept has been filed.  The state is paid first, and any remainder is sent the oblige.

If the obligor files a joint filing for federal tax returns and the refund is intercepted, the intercepted funds are held for six months before being released to the oblige. This allows the obligor’s spouse to file an “injured spouse” claim and appeal their portion of the intercepted tax refund.

Contempt

A case is considered for contempt when it is at least 30 days in default and the CSEA is unable to verify any employment or garnish any income source. You have not made a court-ordered child support payment and communication attempts have not been successful.

What happens at the Contempt Hearing?

If the obligor is found in contempt, they will usually receive a suspended sentence for the first contempt and a future hearing date will be set to review the case and compliance issues.

If the obligor fails to appear for any of these proceedings, a warrant may be issued. This is also known as a Capias.

It is important that you comply with all directives from the Child Support Enforcement Agency as well as the respective Court Systems.

Licking County Domestic Relations Court:740 670.5392
Licking County Juvenile Court Division: 740 670.5624