If you are a parent who owes child support in Ohio, you may face serious consequences if you fall behind on your payments. If you have accumulated child support arrears, you may wonder if there is any way to dismiss them. In this article, we will guide you through the steps to take to have child support arrears dismissed in Ohio.
Understanding Child Support Arrears in Ohio
Child support arrears are payments that are overdue and unpaid. If you owe child support arrears in Ohio, the state can take several enforcement actions against you, including wage garnishment, intercepting your tax refunds, suspending your driver’s license, and even placing a lien on your property.
Reasons for Dismissing Child Support Arrears
There are several reasons why child support arrears may be dismissed in Ohio. One reason is if the arrears result from a mistake or error on the part of the court or the child support agency. Another reason is if the parent who owes the arrears can prove that they could not make the payments due to circumstances beyond their control, such as a serious illness or injury.
Steps to Get Child Support Arrears Dismissed in Ohio
If you believe that you have grounds to have your child support arrears dismissed, you will need to take the following steps:
Step 1: Gather Evidence
To have your child support arrears dismissed in Ohio, you must provide evidence supporting your claim. This evidence may include medical records, employment records, and other documentation showing that you could not make your child support payments due to circumstances beyond your control.
Step 2: File a Motion to Dismiss Arrears
Once you have gathered the necessary evidence, you must file a motion to dismiss the arrears with the court. You can complete the appropriate forms and submit them to the court where your child support case is being heard.
Step 3: Attend the Hearing
After you file your motion to dismiss arrears, the court will schedule a hearing to consider your request. You must attend this hearing and present your evidence to the judge. The judge will then decide whether or not to dismiss your child support arrears.
Conclusion
If you are struggling to make your child support payments in Ohio and have fallen behind, it is important to know that there may be a way to dismiss your arrears. By gathering evidence and filing a motion to dismiss arrears, you may be able to convince the court to dismiss your arrears.
FAQs
What are child support arrears?
Child support arrears are payments that are overdue and unpaid.
What can happen if I owe child support arrears in Ohio?
If you owe child support arrears in Ohio, the state can take several enforcement actions against you, including wage garnishment, intercepting your tax refunds, suspending your driver’s license, and even placing a lien on your property.
Can child support arrears be dismissed in Ohio?
Yes, child support arrears may be dismissed in Ohio if you can provide evidence that supports your claim.
What kind of evidence do I need to have child support arrears dismissed in Ohio?
To have child support arrears dismissed in Ohio, you must provide evidence supporting your claim. This evidence may include medical records, employment records, and other documentation showing that you could not make your child support payments due to circumstances beyond your control.
Do I need a lawyer to file a motion to dismiss arrears in Ohio?
While having a lawyer to file a motion to dismiss arrears in Ohio is not required, it may be helpful to have legal representation to ensure that your case is presented effectively.
Can I make a payment plan for my child support arrears instead of having them dismissed?
Yes, if you cannot have your child support arrears dismissed, you may be able to negotiate a payment plan with the child support agency in Ohio to help you catch up on your payments.
What should I do if I receive a notice of enforcement action for child support arrears in Ohio?
If you receive a notice of enforcement action for child support arrears in Ohio, it is important to take action to address the situation. Contacting the child support agency and a lawyer may help you understand your options and avoid further enforcement actions.