In Ohio, retroactive child support is only awarded where the paternity of a child is at issue. Generally, Ohio likes to resolve all family matters during the divorce proceedings. If paternity is at issue during a divorce proceeding, then the biological father may be responsible for all retroactive child support going back to when the child was born.
There are three possible time frames. If the parents are filing for divorce and are living together at that time, then the father will be responsible for retroactive child support from the time between filing and the hearing. He will also be responsible for “future” child support payments.
If the parents were separated prior to the divorce filings, then the father will be responsible starting from the date of separation.
Lastly, if paternity is at issue during a divorce and it is shown that the ex-husband is not the father of the child, then the biological father may be responsible for retroactive child support. The biological father will be responsible for providing child support for the child lasting from the child was born to when the child turns 23.
In Ohio, if a child was born during a marriage, then the husband is presumed to be the biological father. If the husband does not challenge paternity prior to the dissolution of a marriage or during a divorce proceeding, then the husband loses his right to contest the paternity of the child and may subject himself to court-ordered child support, including retroactive payments.
Even after a child support order is put in place, a parent may request a modification if the modification will result in at least a 10 percent change. The child support payments may change if the circumstances of raising the child change, or if a parent has a change in income. Either parent may request a modification.
If you have a concern about your child support rights or obligations, please consult a child support attorney. An attorney can help you address your child support issue, and help you obtain a fair judgment.