HomeChild SupportChild support and FMLA?
Posted in Child Support on 21st July 2012

Child support and FMLA?
I live in Ohio, my ex lives in WV, he pays child support for our 2-year-old. Since July he has gradually been paying less and less, and as of now he is almost $ 400 in the hole. I know I can take that much to court, to get him to pay BUT when I asked him about why he wasn’t paying he said that his mother has cancer and he’s off work under FMLA. He has NOT gone back to modify our order, so there’s problem number 1. My real question, though, is “Is a person that is off work under FMLA required to continue paying child support?” If they don’t have to, must they make up for those payments once they return to work? I’ve tried to find answers on Google and couldn’t come up with anything, hopefully someone here can help. Thank you so much for your help!

Best answer(s):

Answer by Joshua S
He is still required to pay support , but being on fmla unpaid leave as it were his income is now drasticly reduced and when they are doing the caculations his income will be set at minimum wage and that turns out to be about 30 a week. So if your getting more than that than just deal with it it droppes below that than go to court ,

Answer by browneyedgirl623
I can’t fully answer your question, but I can tell you that if he has not requested that the court refigure his child support due to his situation, he is responsible for the entire amount, including the arrears. Once his is back to work, contact the CSEA and ask for an acceleration in order to collect the arrears on your child support order. Good luck!

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