Both Parents are Responsible for Child Support

In Ohio, both parents have a duty to support their child (or children) until the child reaches 18, or perhaps longer if the child is still in high school, has a physical or mental disability, or if the parents agree to support the child for an extended time. Generally, however, only the noncustodial parent makes payments. The custodial parent (sometimes called the residential parent) remains responsible for child support too, but the law assumes that this parent spends the required amount directly on the child.

Where parents split custody – meaning, the parents divide the kids between them (mom takes the older child while dad has the younger child, for example), it works differently. In that case, the parent with greater income is the one who makes payments, but only at a rate that makes up the difference between what each parent must provide. This is not a punishment for making more money; it simply protects the children’s standard of living with each of the parents.

You can estimate a basic amount of child support by using  Ohio’s child support guidelines. The guidelines are a fee schedule based on the combined income of both parents and the number of children to support. A court may adjust that amount up or down, however, if it is in the child’s best interest to do so. Also, one or both parents must cover the cost of the child’s health insurance.

Ohio’s Child Support Guidelines

To use the guidelines, you need to know both parents’ incomes for the past three years. For child support purposes, income is all earned and unearned income during a calendar year, regardless of whether it is taxable. It includes your salary, wages, commissions, overtime pay, and sometimes bonuses, too. Additionally, it is any royalties, tips, rents, dividends, severance pay, and pensions, among other things.

Although you can exclude some benefits, like means-tested assistance, for example, chances are you still have income even if you are unemployed. For child support purposes, you must include workers’ compensation, unemployment or disability benefits. Also, a court or state agency could impute income – meaning, assign an amount – to a parent who voluntarily works less or not at all, unless that parent has a good reason for doing so.

Once you have both parents’ gross income, you make deductions to determine the adjusted income for each. Deductions include items like spousal support paid, union dues, and state and federal income taxes.

To help you account for what to include and what you can deduct, and to walk you through the calculations, use the worksheets below.

For the sole residential parent or parents with shared custody, use the worksheet at section  3119.022 of the Ohio Revised Code.

For those with split parental rights, use the worksheet at section  3119.023 of the Ohio Revised Code.

Challenging the Amount of Support

Even though a court must presume that the amount of child support given by the guidelines is appropriate, that doesn’t mean you can’t ask the court – before a child support order is in place – to change the amount based on your child’s best interest. A judge decides whether to deviate from the guidelines based on the following factors:

• the child’s special and unusual needs

• the extraordinary obligations for other minor children

• other court-ordered payments

• extended parenting time or extraordinary costs associated with parenting time

• whether the paying parent obtains additional employment after a child support order is issued in order to support a second family

• the child’s financial resources and the earning ability

• the disparity in income between households

• benefits that either parent receives from remarriage or sharing living expenses with another person

• taxes

• significant in-kind contributions from a parent, such as payment for lessons, sports equipment, schooling, or clothing

• the parents’ separate financial resources and needs

• the parents’ separate standards of living and the standard of living the child would have enjoyed had the parents maintained a single household

• the child’s physical and emotional needs

• the child’s educational needs

• the responsibility of each parent for the support of others, and

• any other relevant factor.

Only where the parents have a shared-parenting order can a judge choose to deviate from the guidelines based on the factors above or because of the parents’ extraordinary circumstances. Extraordinary circumstances include the amount of time children spend with each parent, the ability of each parent to maintain adequate housing, each parent’s expenses – such as child care expenses, school tuition, medical and dental costs, and anything else that is relevant.

Modifying the Amount

Once a child support order is in place, you can still ask a court to modify (change) it. If it has been 36 months since the court issued (or modified) the order, you can ask your local Child Support Enforcement Agency for an administrative review. This means a caseworker will check both parents’ current income to recalculate the amount of support based on the guidelines. If it has been fewer than 36 months, you can still request an administrative review if the order does not account for the child’s health insurance or because of specific changes in circumstances. For a list of justifiable reasons, see  Request for an Administrative Review of the Child Support Order.

Resources

You can find Ohio’s Child Support Guidelines and other helpful tools on the  Ohio Department of Job and Family Services  website.

If you would like to read the law on child support, see  Chapter 3119 of the Ohio Revised Code.

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