In Ohio, any back child support (also known as arrearages) owed after a child turns 18 is paid directly to the custodial parent, not the adult child.
Understanding Child Support Arrearages in Ohio
When a parent fails to make their regular child support payments, the unpaid amount accumulates as "arrearages" or "back child support." This money represents past financial obligations that were legally due to the custodial parent to help cover the costs of raising the child.
Why the Custodial Parent Receives Payments
The fundamental principle behind child support is that it is intended to reimburse the custodial parent for the expenses they incurred while providing for the child's needs. Therefore, even if the child is now an adult, the outstanding support is owed to the parent who solely provided for the child during the period the support was due and unpaid.
- Reimbursement, Not Windfall: The funds are not a "windfall" or direct payment to the adult child. Instead, they are a reimbursement to the custodial parent for the financial burden they carried when the payments were missed.
- Legal Obligation: The legal obligation for past due support remains with the non-custodial parent, and the right to collect those funds belongs to the custodial parent.
Emancipation and Arrearages
In Ohio, the obligation to pay current child support typically ends when a child turns 18 or graduates from high school, whichever comes later, up to age 19. However, even when current child support payments cease due to emancipation (like turning 18), any accumulated arrearages do not disappear. The non-custodial parent is still legally obligated to pay all outstanding back child support.
Enforcement of Arrearages
Ohio's Child Support Enforcement Agencies (CSEAs) have various tools to collect unpaid child support, even years after the child has become an adult. These methods can include:
- Wage Garnishment: A portion of the non-custodial parent's wages can be withheld.
- Tax Refund Intercept: Federal and state tax refunds can be intercepted.
- Driver's License Suspension: Licenses can be suspended until payments are made.
- Liens on Property: Liens can be placed on real estate or other assets.
- Bank Account Seizure: Funds can be seized from bank accounts.
Who Gets Paid What?
To clarify, here's a quick overview:
| Aspect | Recipient of Funds | Explanation |
|---|---|---|
| Current Child Support | Custodial Parent (while child is a minor/dependent) | For ongoing daily expenses of the child. |
| Back Child Support (Arrearages) | Custodial Parent (regardless of child's age) | To compensate for past financial support provided by the custodial parent during periods of non-payment. |
| Adult Child (18+) | No (does not directly receive back child support) | The money is not a personal inheritance or payment to the adult child; it settles a debt owed to the parent who covered the child's needs. |
In essence, the system ensures that the parent who bore the financial responsibility for the child receives the compensation they were owed, even if the child is now grown.
