[OH] Can a parent delay child support while a 50/50 custody case remains pending?

OH Family Law

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The short answer is you generally cannot stop a child support case just because custody is unresolved. Child support and custody run on separate tracks in Ohio. You can, however, ask for temporary court orders that address parenting time and how support is calculated while mediation is pending. (OH Rev Code § 3109.04 (A)(1)(2)(G))

That's the short answer.

Here is the long answer:

Ohio allows child support to proceed even when a custody case is ongoing, including through administrative hearings. Support is usually based on current parenting time, income, and where the child primarily resides, not on what custody might look like later.

Courts can issue temporary parenting time or companionship orders to address withholding issues while the case is pending, and those orders can impact support calculations if overnights change. Ohio courts also have authority to modify or credit support later if parenting time was wrongfully denied or if a temporary schedule changes.

Here is what you can do legally, step by step:

File a motion in the custody case asking the court for temporary parenting time orders due to withholding, specifically requesting a defined schedule while mediation is pending.
Attend the administrative child support hearing and clearly state the custody case status, the active mediation, and that parenting time is being denied, since hearing officers can note this in the record.
Ask the domestic relations court for a temporary allocation of overnights, because overnight counts directly affect child support calculations.
If parenting time continues to be denied, file a court motion to enforce companionship time under Ohio law rather than relying only on mediation.

If you need to follow or manage the child support case, you can access Franklin County Child Support Enforcement Agency information here:

https://www.franklincountyohio.gov/Resident-Services/Children-Youths/Child-Support

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I have a question regarding custody and child support in the state Ohio. I currently have a case for 50/50 custody initiated in Franklin County. My child stays with mom, but she is withholding me from spending time with our child. This case has been open for several months. We just got shifted to mediation, which starts next month. My child’s mom initiated a child support case. Is there anything legal I can do to stop the child support case until custody is granted?

Lexi, Chatbot

I understand how challenging this situation must be for you. Have you already filed any motions or responses regarding the child support case in addition to your custody case?

Yes.

Lexi, Chatbot

Are there any specific concerns or issues you've encountered during the mediation process that you would like to address?

No.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody issue.

I don't know.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. What motions or filings have you already submitted in both the custody case and the child support case, and what rulings, if any, has the court made on them so far?

Regarding the administrative hearing, I filed a motion for a stay until custody through the courts is established.

Right now, we are in mediation, which starts next month.

I have paternity established through the courts.

Legal Eagle

Got it, thanks for sharing that. Since you've filed a motion for a stay on the child support case, has the court responded to that motion yet? If so, what was their response?

My child’s mom is making unreasonable requests stopping me from having meaningful time with our kid.

Legal Eagle

I understand how frustrating that must be. It's important to address these issues during mediation. Have you discussed these concerns with your mediator or legal counsel yet? If so, what was their advice?

They responded and said the administrative child support hearing would remain scheduled as a virtual Zoom hearing despite the request to stay the matter pending the custody determination.

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

I haven't talked to legal counsel, and we are scheduled for our first mediation session next month.

Legal Eagle

No problem! I’ll certainly address that. Anything else you'd like to add you think is relevant before I answer?

I wanted to see if there's anything I can do to establish anything temporarily until the courts rule on the 50/50.

That’s it.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Okay.

Legal Eagle

That's the short answer.

Here is the long answer:

Here is what you can do legally, step by step:

File a motion in the custody case asking the court for temporary parenting time orders due to withholding, specifically requesting a defined schedule while mediation is pending.
Attend the administrative child support hearing and clearly state the custody case status, the active mediation, and that parenting time is being denied, since hearing officers can note this in the record.
Ask the domestic relations court for a temporary allocation of overnights, because overnight counts directly affect child support calculations.
If parenting time continues to be denied, file a court motion to enforce companionship time under Ohio law rather than relying only on mediation.

If you need to follow or manage the child support case, you can access Franklin County Child Support Enforcement Agency information here:

https://www.franklincountyohio.gov/Resident-Services/Children-Youths/Child-Support

So are these all filed in the domestic court for the motions you describe?

What do I title my motions?

Legal Eagle

Sure thing!

Yes, both custody and child support motions are filed in the same domestic relations court handling your case in Franklin County.

You title each motion based on what you are asking for, such as:

Motion to Enforce Parenting Time
Motion for Temporary Parenting Time
Motion to Stay or Coordinate Child Support Pending Custody Determination

It is understandable to feel unsure here, but clear, accurate titles help the court quickly see what relief you are requesting.

Okay, I will work on this.

Do you know if I can file this motion electronically?

Also, is there anything I can do to delay CSEA?

Legal Eagle

Yes, in Franklin County, you can file motions electronically through the court's e-filing system. It's a convenient way to submit your documents without having to go to the courthouse in person. Make sure to check the court's website for any specific instructions or requirements for e-filing.

If you have any other questions or need further assistance, feel free to ask!

Thanks for your input.

Legal Eagle

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Legal Eagle

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