What Happens If a Parent Refuses to Pay Court-Ordered Child Support?
Child support is one of the most vital aspects of family law. When a court orders one parent to pay child support, that order is legally binding and reflects the court’s determination of what is fair and necessary for the child’s well-being. Under Ohio family law, child support is not optional—it is an obligation designed to meet a child’s needs, including housing, education, health care, and everyday expenses.
Unfortunately, some parents fail or refuse to make these required payments, creating hardship for both the custodial parent and the child. When that happens, Ohio courts and enforcement agencies have several mechanisms to hold the non-paying parent accountable.
At Heckert & Associates Co., LPA, we advise our clients that once a child support order is in place, it remains enforceable until modified by the court. Simply refusing to pay or claiming financial hardship without taking proper legal steps can lead to serious consequences. We can help you understand your rights, the available legal remedies, and the potential consequences of ignoring a court order.
An Overview of the Child Support Enforcement Agency (CSEA)
When parents separate or divorce, Ohio courts follow statutory guidelines to calculate support based on each parent’s income, the number of children, and certain expenses, such as child care and health insurance. The order is then entered by the court or through the Child Support Enforcement Agency (CSEA), making it enforceable under Ohio family law.
Payments are typically made through wage withholding, meaning they’re deducted directly from the paying parent’s paycheck. This system is designed to minimize the chance of missed payments. However, if a parent is self-employed, changes jobs, or hides income, arrears can accumulate quickly. In these cases, the CSEA has broad authority to track payments, locate non-paying parents, and use enforcement measures when necessary.
At Heckert & Associates Co., LPA, we work closely with CSEA offices across Ohio to help clients resolve their cases efficiently. Whether you're pursuing enforcement or need to address a change in your financial situation, collaborating with the CSEA often leads to quicker resolutions.
Consequences of Failing to Pay Court-Ordered Child Support
When one parent refuses to comply with a child support order, several enforcement options are available under Ohio law. The aim is to compel compliance while protecting the child’s right to financial support. The longer payments are missed, the more severe the legal penalties become.
Parents should understand that unpaid support, known as arrearage, doesn’t disappear over time. Interest may accrue, and enforcement can continue even after the child becomes an adult. Under Ohio family law, the courts treat child support as a judgment debt, meaning it can be collected through various means until satisfied.
Enforcement Mechanisms for Child Support Payments
Ohio family law provides multiple tools for enforcing child support orders, enabling courts and agencies to recover delinquent payments through various methods. These enforcement options can be used individually or in combination, depending on the situation:
Wage garnishment: The most common method, where payments are automatically deducted from the parent’s paycheck by their employer.
Interception of tax refunds: Federal and state tax refunds may be withheld and applied to unpaid child support.
License suspension: Driver’s, professional, and even recreational licenses can be suspended until payment resumes.
Seizure of bank accounts: Funds from checking or savings accounts may be frozen and redirected to cover arrears.
Credit reporting: Delinquent child support payments are reported to credit bureaus, which can damage the non-paying parent’s credit score.
Contempt of court proceedings: Ohio courts can hold the parent in contempt, which may result in fines or even jail time.
Passport denial: The U.S. State Department can refuse to issue or renew a passport if a parent owes more than $2,500 in back support.
Each of these options reflects the seriousness with which Ohio treats child support obligations. At Heckert & Associates Co., LPA, we are committed to helping our clients pursue these enforcement methods strategically, balancing effective recovery to maintain long-term compliance.
License Suspension and Professional Repercussions
Few consequences are as disruptive as license suspension. Under Ohio family law, the CSEA can request suspension of the non-paying parent’s driver’s or professional license once payments are significantly past due. This measure often prompts compliance because losing the ability to drive or work can have immediate financial consequences.
In some cases, the court may allow a restricted license that permits travel to and from work. However, continued nonpayment can result in a full suspension. Professional license suspensions affect individuals in regulated occupations such as nursing, real estate, law, or construction, making it even more urgent to bring accounts current.
At Heckert & Associates Co., LPA, we often work with clients on both sides of this issue. We help parents secure relief through Ohio’s family law procedures, and we assist paying parents in resolving arrears before administrative actions escalate.
Criminal Penalties for Nonpayment
In extreme cases, failure to pay child support can lead to criminal charges. Ohio law allows prosecutors to pursue charges under the state’s “nonsupport of dependents” statute. A first offense may be charged as a misdemeanor, but repeated or prolonged nonpayment can rise to a felony.
A felony conviction carries not only fines and potential jail time but also long-term consequences such as loss of employment opportunities and damage to one’s reputation. For this reason, we strongly encourage parents to address support issues proactively. Seeking a child support modification is far better than risking criminal penalties.
Contempt of Court: A Powerful Legal Remedy
When a parent willfully refuses to pay, the court can hold them in contempt. Under Ohio family law, contempt means the individual has disobeyed a lawful court order. The court has broad authority to penalize such behavior, including imposing fines or ordering jail time until payments are made.
Before finding a parent in contempt, the court allows them to explain why they have not paid. If the parent proves that nonpayment was due to legitimate hardship, such as job loss or illness, the court may grant temporary relief. However, if the court determines that the parent could have paid but chose not to, the penalties can be severe.
Contempt proceedings are not meant to punish for punishment’s sake; they exist to uphold the authority of the court and the principles of family law. The ultimate goal is to secure the support the child is owed, not merely to punish the parent.
How to Modify Child Support Orders When Circumstances Change
Sometimes, a parent falls behind on payments not because of willful refusal, but because their financial situation has changed. In Ohio, either parent may request a modification of the support order when there is a substantial change in circumstances, such as job loss, illness, or a significant change in income.
However, the key is to request the modification through the proper legal channels. Support obligations remain in effect until the court approves a change. Stopping payments without permission only creates arrears and subjects the parent to enforcement actions.
At Heckert & Associates Co., LPA, we help our clients present clear, documented evidence of changed circumstances so the court can fairly adjust payment amounts. Our approach emphasizes compliance with family law while protecting the financial stability of both the parent and the child.
Reach Out to an Experienced Family Law Attorney Today
Ohio’s family law system is built on the principle that children deserve financial stability and parental support, regardless of family structure or conflict between parents. When one parent refuses to pay court-ordered child support, the law provides numerous remedies to protect the child’s best interests.
At Heckert & Associates Co., LPA, we are committed to helping you and your family achieve fairness, accountability, and stability. Whether enforcing a support order or helping a parent who is struggling to comply, our focus remains on upholding the values that family law was created to serve: responsibility, care, and justice for children.
Fulfilling child support obligations is not only a legal duty; it is a reflection of the enduring commitment every parent owes to their child. Located in Columbus, Ohio, our firm serves clients in Central Ohio and the surrounding communities. Contact us today to schedule a consultation.