Ombudsman helps man end child support order after death of mother

A building on West Monument Avenue that houses the Dayton-Montgomery County ombudsman's offices. CORNELIUS FROLIK / STAFF

A building on West Monument Avenue that houses the Dayton-Montgomery County ombudsman's offices. CORNELIUS FROLIK / STAFF

Editor’s note: The Dayton Ombudsman Office provides weekly columns to the Dayton Daily News to bring awareness to issues it sees in the community.

The Ombudsman received a call from a man trying to terminate his child support order. The child support order is from another county in Ohio. Because the man and his children now reside in Montgomery County, the Ombudsman agreed to take the case. The mother of the children died five months ago in the other county, and now the man has custody of his children. He had delivered a death certificate to the child support agency and had waited for the support order to be stopped. Five months later, the support was still being withheld by his employer.

The Ombudsman contacted the Child Support Enforcement Agency and learned that the death certificate the man had brought them was not certified. Since a certified death certificate is required, no action had been taken to stop the court order. Since the mother’s death, the money received from the withholding by the man’s employer was being held by the Agency. The Ombudsman instructed the man to obtain a certified death certificate and take it to the Agency. The man promptly delivered the certified death certificate, and it was forwarded to the court for processing.

In the meantime, the man received a notice from the IRS that his tax return would be intercepted to pay child support. He was also worried that if he were listed as in default, he might have his driver’s license suspended. A staff person at the Child Support Enforcement Agency was contacted and the default status was corrected because the certified birth certificate had been received.

After receipt of the certified death certificate, the paperwork was processed at the court to stop the order, and the employer was notified so that withholding from the father’s pay could be stopped. A copy was also sent to the Child Support Enforcement Agency so that the money in holding could be released. Later the man received the money that was in holding with the Agency and was relieved and glad that his problems with the agency were now resolved.

The Ombudsman Column, a production of the Joint Office of Citizens’ Complaints, summarizes selected problems that citizens have had with government services, schools and nursing homes in the Dayton area. Contact the Ombudsman by writing to us at 11 W. Monument Ave., Suite 606, Dayton 45402, call 937-223- 4613, or by electronic mail at ombudsman@dayton-ombudsman.org.

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