Child Support Orders in Ohio Divorce and Custody Cases
In Ohio, child support is a legal obligation that parents must fulfill to ensure that their children’s financial needs are met after a divorce or separation. Child support orders are designed to provide for a child’s basic needs, including housing, food, education, and healthcare, as well as other expenses necessary for the child’s well-being. Ohio law requires that child support orders be fair and based on the financial circumstances of both parents, with the goal of ensuring that children continue to receive the financial support they need.
The Legal Basis for Child Support in Ohio
Child support in Ohio is governed by Ohio Revised Code § 3119, which outlines the statutory guidelines for calculating child support, the factors courts must consider, and the procedures for modifying and enforcing support orders. Under Ohio law, both parents are legally required to support their children, regardless of whether they were married or unmarried at the time of the child’s birth.
The goal of child support is to ensure that children receive the same level of financial support they would have received if the parents were living together. As such, the amount of child support ordered in a case is determined by the income of both parents and the needs of the child, with adjustments made based on specific circumstances.
How Child Support is Calculated in Ohio
In Ohio, child support is calculated using a statutory formula that takes into account the gross income of both parents, the number of children, and other relevant factors. The calculation is based on an “income shares” model, which assumes that the child should receive the same proportion of parental income that they would have if the parents had not separated.
Gross Income and Income Calculation
Ohio Revised Code § 3119.01(C) defines gross income as all earned and unearned income from all sources. This includes:
Self-employment income
Social Security benefits (excluding SSI)
Bonuses and overtime
Rental income and other passive income
Unemployment benefits
Spousal support received from another party
Workers’ compensation
Gross income does not include certain one-time payments or benefits, such as public assistance, Supplemental Security Income (SSI), or child support received for other children. Additionally, self-employed individuals must report their net business income, which accounts for reasonable business expenses.
Child Support Guidelines
The Ohio child support guidelines are set forth in Ohio Revised Code § 3119.021. These guidelines provide a framework for calculating the amount of child support based on the parents’ combined gross income, adjusted for specific deductions such as:
- Taxes and other mandatory withholdings.
- Pre-existing child support obligations for other children.
- The cost of health insurance premiums for the child.
- Childcare expenses necessary for a parent’s employment or education.
Once the combined gross income is determined, the guidelines establish a presumptive child support amount that is proportional to the parents’ incomes. Each parent’s share of the child support obligation is based on their percentage of the combined income. The parent who has primary custody (or with whom the child primarily resides) typically receives child support, while the non-custodial parent pays child support.
Deviation from the Guidelines
While the guidelines provide a standard calculation for child support, Ohio courts have the discretion to deviate from the calculated amount if there are extraordinary circumstances that make the guideline amount unfair or inappropriate. According to Ohio Revised Code § 3119.23, factors that may justify a deviation include:
- The financial resources and needs of the child.
- Special or unusual needs of the child, including medical, educational, or psychological needs.
- Extended parenting time or shared parenting arrangements.
- Significant disparity in income between the parents.
- Extraordinary travel expenses related to visitation.
- The standard of living the child would have enjoyed if the parents had remained together.
The court must provide specific findings of fact to justify any deviation from the guidelines and must ensure that any deviation is in the best interest of the child.
Health Insurance and Medical Expenses
In addition to the basic child support amount, Ohio law requires that parents provide for their child’s healthcare needs. Ohio Revised Code § 3119.30 requires the court to order one or both parents to obtain health insurance coverage for the child if it is available at a reasonable cost. If neither parent has access to affordable health insurance, the court may require the parents to share the cost of the child’s healthcare expenses.
Uninsured medical expenses, such as co-pays, deductibles, and out-of-pocket costs, are typically divided between the parents in proportion to their incomes. This ensures that both parents contribute to the child’s medical and healthcare needs.
Childcare Expenses
Childcare expenses are often necessary for working parents or parents who are attending school. Ohio Revised Code § 3119.05(A) allows for the inclusion of childcare expenses in the child support calculation, provided that the expenses are reasonable and necessary. These expenses may be added to the basic child support obligation and are divided between the parents based on their income shares.
Shared Parenting and Child Support
When parents share custody of their child or have a shared parenting plan, child support may still be ordered, though the amount may be adjusted to reflect the time the child spends with each parent. Ohio Revised Code § 3119.24 allows the court to adjust the child support amount in shared parenting cases to account for the parents’ shared responsibilities, parenting time, and direct expenses for the child.
In cases where both parents have nearly equal parenting time and share expenses equally, the court may reduce or even eliminate the child support obligation. However, shared parenting does not automatically negate child support, and the court will still consider the income of both parents and the child’s financial needs.
Modification of Child Support Orders
Child support orders are not set in stone. Either parent may seek a modification of the child support order if there is a significant change in circumstances. Ohio Revised Code § 3119.79 governs the modification process and allows for changes to the support order if:
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There is a substantial increase or decrease in either parent’s income
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There are changes in the child’s needs, such as new medical or educational expenses
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The child’s living arrangements change, such as when custody is modified
To modify a child support order, the requesting parent must file a motion with the court and provide evidence of the changed circumstances. The court will then review the evidence and determine whether a modification is warranted.
Termination of Child Support
Child support in Ohio generally continues until the child reaches the age of 18, but there are exceptions. Under Ohio Revised Code § 3119.88, child support may be terminated before the child turns 18 if:
The child becomes emancipated by getting married or joining the military.
The child is no longer attending high school, even if they are not yet 18.
The child is deceased.
Enforcement of Child Support Orders
When a parent fails to pay child support as ordered, the court has several tools to enforce the order. Ohio Revised Code § 3123.02 allows for a range of enforcement mechanisms, including:
Income withholding
Income withholding: The court may issue an order to withhold child support directly from the paying parent’s wages or other income.
Contempt of court
Contempt of court: A parent who willfully fails to pay child support may be held in contempt of court, which can result in fines, wage garnishment, or even jail time.
Interception of tax refunds
Interception of tax refunds: The court may intercept state and federal tax refunds to cover unpaid child support.
Suspension of licenses
Suspension of licenses: The court may suspend the non-paying parent’s driver’s license, professional licenses, or recreational licenses until child support is paid.
Liens on property
Liens on property: A lien may be placed on the non-paying parent’s real or personal property to secure unpaid child support.
Passport denial
Passport denial: The court may report the delinquent parent to the federal government, resulting in the denial of a U.S. passport.
Ohio Child Support Enforcement Agency (CSEA)
The Ohio Child Support Enforcement Agency (CSEA) plays a central role in administering and enforcing child support orders. CSEA assists parents in establishing, modifying, and enforcing child support orders, and it provides services such as income withholding, locating non-custodial parents, and collecting support payments.
Parents can work with CSEA to manage child support payments, modify support orders, and address enforcement issues. CSEA also provides services to parents who were never married and need assistance establishing paternity and child support.
Child support is a vital part of ensuring that children’s financial needs are met after their parents separate or divorce. Ohio’s child support laws, set forth in Ohio Revised Code § 3119, provide a framework for calculating, modifying, and enforcing child support orders based on the parents’ incomes and the child’s needs. Whether you are seeking to establish child support, modify an existing order, or enforce a support obligation, it is important to work with an experienced attorney who can guide you through the legal process and protect your child’s best interests.
At Parks Legal, we have extensive experience handling child support cases in Ohio. Whether you are seeking child support or defending against an unfair support request, we are here to help. Contact us to schedule a consultation and learn more about how we can assist you in securing a fair and just child support order.
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