It is not uncommon these days for children to reside with a grandparent or other relative instead of with their birth parents. Often, in these situations, the birth parents will be ordered to pay child support.

Moving to another state does not absolve non-custodial birth parents of their obligation to pay child support. Unfortunately though, that physical distance can make child support orders harder to enforce.

A common strategy is to bring an enforcement action in the state where defaulting parent lives. However, in states like Ohio that have special "domestic relations" or "family" courts, it can sometimes be difficult to know which court has jurisdiction over the child support action.

Cases Should be Heard in Domestic Relations Court

The Ohio Supreme Court recently reviewed this issue and decided that interstate child support enforcement actions should be heard by the domestic relations court, regardless of whether the support order stems from an underlying divorce.

The case involved a Hawaiian grandmother who was caring for her daughter's child. The daughter had moved to Ohio and was not making her child support payments.

With the help of the Cuyahoga Support Enforcement Agency, the grandmother brought an enforcement action against her daughter in domestic relations court. The court issued a child support order, but CSEA appealed because it did not think the court properly calculated the amount of child support owed.

The case then went to the court of appeals. However, the appeals court declined to review the child support calculations because it didn't believe the domestic relations court had jurisdiction over the case. The appeals court based its reasoning on an Ohio Law that grants the domestic relations court the power to review cases involving "a divorce, dissolution or marriage, legal separation or annulment." Since the child support order did not stem from a divorce, the appeals court ruled that the domestic relations court had no power to enforce it.

Ultimately, the case made its way to the Ohio Supreme Court. It reasoned that the law was not intended to specifically limit the court's jurisdiction and ruled that the case could be properly heard by the domestic relations court.

The case highlights how difficult it can be to enforce child support orders when one parent lives in another state. If you are seeking child support enforcement against a non-custodial parent who resides in Ohio, make sure you consult with an attorney who understands these issues.

Source: Circleville Herald, "Interstate Family Support," Paul E. Pfeifer, Jan. 8, 2012.