Supreme Court of Ohio Makes Landmark Child Support Decision: Retroactive Arrearage Modification Not Prohibited By Ohio Law

On December 11, 2008, in a unanimous decision, the Supreme Court of Ohio decided that parties to a support order may modify child support by agreement.  In Byrd v. Knuckles, the Supreme Court of Ohio held that nothing in Ohio Revised Code 3119.83 or 3119.84 prohibits a juvenile court from adjusting an existing arrearage in child support if the parties agreed to do so. 

In this case, as part of an agreement to consent to a step-parent adoption, the mother agreed that father’s child support arrearage would be reduced by 50%.  After the adoption was completed, father attempted to have his child support arrearage reduced pursuant to this agreement, and the court found that it had no authority to reduce this arrearage under Ohio law.  This matter was appealed, and then brought before Supreme Court of Ohio.  For a summary of the Ohio Supreme Court’s opinion, click here.

The Supreme Court noted that this decision does not mean that a court MUST accept a parties’ agreement to reduce a prior arrearage, but that a court is not prohibited from doing so pursuant to Ohio law.  As in this case, this issue is particularly relevant where one party is willing to sign away their legal rights in order to be released from future, and possibly past child support obligations.  For more information on relinquishing parental rights, click here.

The information provided in this web site is applicable in the state of
Ohio and is provided as a public service. While Virginia Cornwell is a Columbus Ohio Divorce Lawyer, Columbus Ohio Custody Attorney, and an Ohio Grandparents Rights Attorney, and a Child Custody Jurisdiction Attorney, viewing the information in this web site does not constitute an attorney-client communication, and acting upon information obtained from this web site does not create an attorney-client relationship. If you would like to discuss the application of the law to your fact situation, or if you would like additional information, please call the Law Offices of Virginia C. Cornwell at 614-225-9316 to schedule a  consultation.

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