By Cindi Andrews
The Cincinnati Enquirer

A national child support advocacy group alleged Thursday that the Ohio Department of Job and Family Services is illegally withholding child support.

The allegation - contained in an addition to a federal class-action lawsuit filed in June - contends state and county child support agencies are withholding current payments in some cases in which they previously overpaid the custodial parent.

Federal law says agencies can't do that unless they have the custodial parent's permission or the parent fails to reply to a request for permission.

"They come after mom and try to make her pay for their errors," said Carrie Davis, a Cincinnati-based representative for the Association for Children for Enforcement of Support. "The state is sending out letters that are coercive and intimidating."

A state board ruled in a case in July that Portage County wrongly withheld child support without permission. Millions of dollars may have been wrongly withheld statewide in similar situations, Davis said. The Portage situation was an isolated case, said Jon Allen, spokesman for state Job and Family Services. The state tries to get overpayments back, he said, but it has not told counties to withhold current payments without permission.

Five ACES members filed a federal lawsuit in June claiming Ohio is wrongly withholding child support payments from former welfare recipients.

E-mail candrews@enquirer.com