<<

ISSUE 11

ORDER TERMINATION

WHAT QUALIFIES A CHILD SUPPORT ORDER TO TERMINATE?

CSEA WHEN SHOULD MY CHILD SUPPORT ORDER TERMINATE?

There are many reasons why child (see definition at children services agency a child support order should left) or a HELPFUL terminate, including: terminates an obligor’s  Child’s enlistment in the DEFINITIONS: parental rights.  Death of the child or armed services (and no longer attends school  Optional CSEA may elect Emancipation- Generally, the Obligor time of emancipation is the full-time) to pursue termination if: month and year in which a  of the child Parties of the order marry  A change in the legal child reaches the age of  Deportation of the child or re-marry one another majority. Unless otherwise custody of the child, and no other person has stated in an original order, including when  of the child legal custody. current state generally permanent custody is provides that if a child  Emancipation of the reaches the age of 18 and is awarded to a public not attending an accredited Reasons for termination other than those listed above cannot be accomplished through the school on a full-time basis -or- if a child reaches the age Administrative Termination process and must be pursued privately through the courts. of 19 regardless of school enrollment, the child is considered emancipated for HOW DOES THE CHILD SUPPORT ENFORCEMENT purposes of child support. AGENCY KNOW WHEN TO TERMINATE SUPPORT FOR MY CHILD? Legal Custody -Custody has It is the responsibility of the agency by phone either that support been appointed by the court or the parties have both to notify the or in person to report this should terminate, the agency consented to a change in CSEA of any reason support information. The agency will complete an legal custody in which an order has been filed with the should terminate. This shall complete an investigation near the child’s court. If no order has been filed with a court regarding a includes notifying the agency investigation within 20 18th birthday to determine if change, then a change in when your child is expected calendar days of receiving support should continue or physical custody only exists. A change in physical custody to emancipate. notice to verify this terminate based on the is NOT a reason for information. child’s high school termination of support. Although it is preferred that attendance. you notify the agency in If the CSEA has not Administrative Hearing -Upon writing, either parent may received notification from receipt of either a Notice of Termination of Support or a Notice of Continuation of WHAT IF MY CHILD IS HOME SCHOOLED OR Support, either party has the ATTENDS AN ALTERNATIVE EDUCATION right to request an adminis- trative hearing. This hearing PROGRAM? is conducted by a hearing officer at the Child Support Most home schooling receiving this type of whether support should Enforcement Agency, and each party is provided an programs and alternative schooling, the CSEA will continue or terminate. opportunity to submit education programs are require proof that the information which the hearing officer will consider approved by the state of program is state approved. when making a ruling on the Ohio, meaning they are matter. Results of the The CSEA will consider all hearing are mailed to the “recognized and parties. Either party will then information from both have the opportunity to accredited”. Upon parties when determining request a court hearing. notification that a child is ORDER TERMINATION Page 2

HOW WILL I KNOW THAT THE AGENCY IS PROPOSING TO TERMINATE OR CONTINUE SUPPORT FOR MY CHILD?

Once the CSEA has  The amount of the If the agency is completed an arrears and how much recommending investigation, a Notice of should be paid continuation of support, Termination of Support or towards this arrearage the notice will include the a Notice of Continuation reason why this decision  Whether there is still a of Support will be sent to was made. child support order in the parties. existence for Both notices will explain What is the purpose of the Ohio CSEA Directors’ If the agency is remaining administrative & court Association or OCDA? recommending “unemancipated” hearing rights and how to  To establish a unified, termination of support, children request a hearing if you local voice for the improvement of Ohio’s the notice will include: are not in agreement with  Any overpayments in Child Support program, the decision made by the a small group of child  The reason for the support made to the support directors hearing officer. founded the Ohio Child termination obligee Support Enforcement Agency (CSEA) Directors’ Association WHEN SHOULD CHILD SUPPORT CONTINUE PAST (OCDA) in 1990. THE (18 YEARS OLD)? Through advocacy, legislation, policy development, There are reasons why deemed disabled (mentally during college, if this partnerships, support may continue past or physically) by a court, agreement was communication, and the age of 18 other than support can be awarded as incorporated into a information sharing, OCDA serves as a the fact the child has not long as the child remains Separation Agreement in a vehicle to promote and yet graduated but is still disabled, despite their age. Decree of or strengthen the child support enforcement attending a recognized and Child support may also Dissolution. system. The values accredited school or continue past identified by OCDA members are integrity, program. If a child is emancipation, such as accountability, collaboration, I AM COURT ORDERED TO CARRY MEDICAL teamwork and INSURANCE FOR MY CHILD. DOES MY strengthening Ohio’s OBLIGATION TO CARRY INSURANCE END WHEN MY . CHILD EMANCIPATES? OCDA Mission Statement Yes, if child support If a National Medical your court ordered  OCDA is a professional terminates due to Support Notice has been obligation has ended and association dedicated to strengthening Ohio’s emancipation, your legal issued to your employer that they should consult you Child Support program. obligation to carry medical requiring them to enroll your for instruction on whether insurance also terminates child pursuant to a court insurance should stop or unless it is otherwise stated order, then the agency must continue. to continue in your court issue a notice to your order. employer advising them that Revised Dec 2012

Original subject content of this publication is the property of OCDA. OCDA is not responsible for changes in subject content from this original version.