Kenya N. Rahmaan

 

 

While conducting an unrelated search, I recently found myself on a familiar website very unintentionally. The Ohio Department of Job and Family Services or ODJFS and I go way back, and our relationship, or my wanting to terminate our relationship, is the reason that I’ve come to know so many of you. Let me explain. Fifteen years ago, I contacted the Franklin County Child Support Agency and requested that a child support state established in 1999 be closed and that the state erase all arrears owed by the father of my child. I had no idea that I was about to engage in an eight-year battle. https://youtu.be/BayNeVrlv_U

 

I quickly learned that if a custodial parent (I quickly realized my ‘title’) received any Temporary Assistance for Needy Families or TANF benefits, I was no longer in charge of the ‘my’ child support case. In fact, closing the issue was not my right and was impossible. According to the caseworker, the website, and everyone I spoke to for years, the state would terminate a case if the child:  

 

• gets married,
• is emancipated by court order,
• enlists in the armed services,
• gets deported,
• dies,
• has a change in legal custody or,
• reaches the age of 18 and graduates from high school.

None of these applied to me, however, I was no longer a welfare recipient, and I no longer resided in the state of Ohio. I did not understand the problem. I spoke to, pleaded, argued, demanded, reasoned with people for years without entirely understanding how I had no rights to an issue concerning my daughter and my family. What was worse is that if the state ever recovered the over $30,000 debt that the state was punishing him for, my daughter would never receive a penny of the money. The entire scheme did not make sense.

 

Needless to say, after many years of research and fighting against the system, I persevered, and the judge reduced the monthly amount and arrears to zero. Franklin County, Ohio, considers the case as terminated. Even when I searched public records for the case, it did not pop up. And after what I found the other day, I kind of think I know why. The criteria for terminating a child support case have changed since I checked.

 

Of course, Ohio has not omitted any of the reasons listed previously so that the state can maintain its control over families. But officials have added new grounds that a parent can request a termination. In addition to the reasons mentioned above, the Legislative Service Commission (2019) shares that a court may terminate an order for any other appropriate reasons brought to the court’s attention unless otherwise prohibited by law. Wow! To see this new addition that changed termination criteria was a colossal accomplishment for Ohio parents with Title IV-D cases. Suddenly, your child didn’t have to die or join the Army to terminate a child support case.

 

Officials have to investigate cases first, of course. They can’t just have rouge parents like myself coming in, causing a scene, writing a book, starting a movement, and calling them out on their bs, can they? Now, if a parent wants to close a Title IV-D case and erase arrears, there are some hoops (as if fighting from Ohio to D.C. weren’t enough) that parents must hurdle. Before the agencies make a decision, an investigation shall determine:

 

1. Whether any reason exists for which the order should terminate;
2. Whether there are other children subject to the order;
3. Whether the obligor owes any arrearages under the order;
4. Whether the agency believes it is necessary to continue withholding or deduction pursuant
5. to a notice or order described in section 3121.03 of the Revised Code for the other children or arrearages;
6. Whether child support amounts paid pursuant to the order being investigated should be impounded because continuation of receipt and disbursement would lead to an overpayment by the obligor. (132nd General Assembly, 2018)

The bill continues with rules and regulations on how the state can, even upon termination, can continue to withhold income and impound money. The Senate made sure to reduce time limits parents have to respond to court documents from thirty days to fourteen. The new rules go on and stack up against parents who may want to end their relationship with welfare and child support in Franklin County. That in itself is a travesty. The bill shows that fighting and winning for my rights and the rights of my family may have been a catalyst to helping other families all of the years later. 

 

I am not taking credit for the addition of the new termination criteria; however, I can attest to there being nothing even similar in place in 2006. While we, as advocates, may not see the results of our work ever, most advocate so that others may feel our work forever. Whatever the reason for Ohio adding the new termination rule, I will say this is too little, too late. The entire system needs an overhaul, and accountability must be front and center. It’s time to put the children’s best interest first for a change, not the government.

Legislative Service Commission. (2019, February 11). Section 3119.88 – Ohio revised code | Ohio laws. Ohio Laws. https://codes.ohio.gov/ohio-revised-code/section-3119.88

Office of child support – Termination of support. (n.d.). Ohio Department of Job and Family Services. https://jfs.ohio.gov/Ocs/TerminationofSupport_Overview.stm

Ohio Legislative Assembly. (2018, May 11). Amend child support laws. https://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_132/bills/sb70/EN/05/sb70_05_EN?format=pdf