Ohio Rev. Code » Chapter 3119
Ohio Revised Code

Ohio Rev. Code § 3119.83 (2026)

Modifying duty to pay delinquent support retroactively

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Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
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Except as provided in section 3119.84 of the Revised Code, a court or child support enforcement agency may not retroactively modify an obligor's duty to pay a delinquent support payment.
Notes of Decisions
Cited in 14 cases (6 in the last 5 years), 2003–2026 · leading case: In re J.S., 2012-Ohio-421.
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In re J.S., 2012-Ohio-421. · cites it 29× “{¶ 9} On May 19, 2010, Smith filed a Supplemental Memorandum, and on May 26, 2010, White responded, asserting that R.C. 3119.83 prohibits a retroactive modification of child support, and that White satisfied his obligation to the court and the SEA by notifying them that he was…”
Byrd v. Knuckles, 900 N.E.2d 164 (Ohio 2008). · cites it 5× “Analysis {¶ 3} The juvenile court concluded that the agreement between Reeder and Knuckles was prohibited by R.C. 3119.83, which states, “Except as provided in Section 3119.”
Behnken v. Behnken, 2020-Ohio-389. · cites it 4× “In doing so, the trial court relied on R.C. 3119.83 and R.C. 3119.84. Entry Overruling Objections (May 30, 2019), p.”
Walker v. Walker, 784 N.E.2d 127 (Ohio Ct. App. 7th Dist. 2003). · cites it 2× “The analogous provisions are now found in R.C. 3119.83 and 3119.84, respectively. {¶ 17} R.”
In re L.D.M., 2021-Ohio-1853. “Mother asserts that reducing Father's child support arrearages to $0 was an improper retroactive modification of child support under R.C. 3119.83. {¶ 16} The record shows that the CSEA recommended that Father's child support obligation be terminated on L.”
Cauthen v. Cauthen, 2017-Ohio-5846. “Specifically, she argues that R.C. 3119.83 prohibits a child support enforcement agency from retroactively modifying an obligor’s duty to pay a delinquent child support balance.”
Salyer v. Newman, 2011-Ohio-6676. · cites it 4× “83, states, ‘A court with jurisdiction over a court support order may modify an obligor’s duty to pay a support payment that becomes due after notice of a petition to modify the court support order has been given to each obligee and to the obligor before a final order concerning…”
T.R.H. v. A.D.H., 2021-Ohio-3036. “Case is remanded for the limited purpose of having the trial court incorporate, nunc pro tunc, the correct date to accurately reflect the date of the child support modification.”
Rose v. Jendral, 2025-Ohio-5615. · cites it 5× “The magistrate held that it could not grant the relief Father requested because, under R.C. 3119.83, courts cannot retroactively modify a child support obligation prior to the date of the filing of a motion to modify.”
Jefferson Cnty. Child Support Enf't Agency ex rel. Gilliam v. DeLauder, 151 Ohio App. 3d 640 (Ohio Ct. App. 7th Dist. 2003). “{¶ 44} R.C. 3119.83 states: {¶ 45} “Except as provided in section 3119.”
In re J.D., 2022-Ohio-996. “{¶ 17} R.C. 3119.83 provides that, "Except as provided in section 3119.”
Goines v. Bowers, 2020-Ohio-5161. “2d 675 (1950); R.C. 3119.83. This court has recognized an exception where “special circumstances” are demonstrated.”
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