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FAQs About Ohio Child Support
(provided by Dennis P. Levin, Attorney at Law)
1.Who has the duty to pay child support?
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According to Ohio law, a biological parent of a child, a man determined to be the natural
father of a child pursuant to law, an adoptive parent, a parent who acknowledged paternity
on a child's birth certificate or a parent who acknowledged paternity in probate court has a
duty to pay child support. This is in addition to the parental duty of support imposed upon
married persons by Ohio law.
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In general, the obligation continues until the child reaches the age of 18 or is otherwise
emancipated before reaching the age of 18 (i.e. married; is living on his/her own, etc.),
however, the obligation will continue beyond the age of 18 so long as the child continuously
attends a recognized and accredited high school on a full time basis. Where the child is
mentally or physically disabled (a child of "special needs") the duty to pay support may
continue beyond the age of 18 if the child is unable to support him/herself.
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In all matters in which child support is ordered or modified, the court is required, by law, to
calculate the amount of support in accordance with current child support guidelines
established by the Ohio Supreme Court. The court must use specific worksheets to calculate
the child support obligation. The child support guideline schedules are presumed to be the
proper amount of child support to be paid unless both of the following conditions are found
to be applicable by the court:
1.after the court considers certain statutory facts and criteria that are reasons for the court to deviate from the guideline amounts, the court determines that the guideline amount is unjust, inappropriate and would not be in the best interests of the child; and
2.the court, after entering the amount of the child support calculated pursuant the guidelines, then issues specific findings of fact to support the determination that the amount would be unjust, inappropriate and would not be in the best interests of the child.
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"Gross income" means, the total of all earned and unearned income from all sources during
a calendar year, whether or not the income is taxable, and includes, but is not limited to,
income from salaries, wages, overtime pay and bonuses, commissions, royalties, tips, rents,
dividends, severance pay, pensions, interest, trust income, annuities, social security benefits,
workers' compensation benefits, unemployment insurance benefits, disability insurance
benefits, benefits received by and in the possession of the veteran who is the beneficiary for
any service-connected disability under a program or law administered by the United States
department of veterans' affairs or veterans' administration, spousal support actually
received from a person not a party to the support proceeding for which actual gross income
is being determined, and all other sources of income; income of members of any branch of
the United States armed services or national guard, including, but not limited to, amounts
representing base pay, basic allowance for quarters, basic allowance for subsistence,
supplemental subsistence allowance, cost of living adjustment, specialty pay, variable
housing allowance, and pay for training or other types of required drills; self-generated
income ("self-generated income" means gross receipts received by a parent from
self-employment, proprietorship of a business, joint ownership of a partnership or closely
held corporation, and rents minus ordinary and necessary expenses incurred by the parent
in generating the gross receipts); and potential cash flow from any source.
"Gross income" does not include any benefits received from means-tested public assistance programs, including, but not limited to, aid to families with dependent children, supplemental security income, food stamps, or disability assistance, does not include any benefits for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration that have not been distributed to the veteran who is the beneficiary of the benefits and that are in the possession of the United States department of veterans' affairs or veterans' administration, does not include any child support received for children who were not born or adopted during the marriage at issue, does not include amounts paid for mandatory deductions from wages other than taxes, social security, or retirement in lieu of social security, including, but not limited to, union dues, and does not include nonrecurring or unsustainable income or cash flow items.
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When determining the income to be attributed to a parent that is voluntarily unemployed or
underemployed, the court shall use the sum of the gross income of the parent, and any
"potential income" of the parent. "Potential income" means both (a) imputed income that
the court determines the parent would have earned if fully employed as determined from the
parent's employment potential and probable earnings based on the parent's recent work
history, the parent's occupational qualifications, and the prevailing job opportunities and
salary levels in the community in which the parent resides; and (b) imputed income from
any non-income-producing assets of a parent, as determined from the local passbook
savings rate or another appropriate rate as determined by the court, if the income is
significant.
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Child support is always modifiable if a material change in the circumstances of the child or
the parent occurs not contemplated when the last order was issued. The court must decide if
a change in circumstances exists and, if so, the court must determine the proper amount of
the new support order. A material change would include a change in the needs of the child.
When considering a motion for modification of child support, the court must recalculate the
amount of support using the child support worksheet and the child support guidelines. If
the recalculated amount is more than ten per cent greater than or more than ten per cent less
than the amount of child support that is required to be paid pursuant to the existing child
support order, the deviation from the recalculated amount that would be required to be paid
under the schedule and the applicable worksheet, shall be considered by the court as a
change of circumstance that is substantial enough to require a modification of the amount of
the child support order.
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In addition to child support orders, the court is required to order that one or both parents
provide for the health care needs of the child. Either parent or both parents may be required
to pay any amounts not covered by insurance.
The expected cost of ordinary and reasonable medical and dental expenses are already built in to the child support guidelines. The court will make a separate order with regard to who must pay the costs of extraordinary medical and dental expenses. The court may order one or both of the parents to pay the extraordinary medical and dental expenses, using a formula established by the court (i.e. in relation to the incomes of the parents).
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In any situation where the court has issued an order of child support, a "withholding
order" must be made. A withholding order can be of several types, including an order
requiring the employer of the person obligated to pay child support (the "obligor") to
withhold the ordered amount from the paycheck of the obligor and to pay that amount
directly to the bureau of support. The employer is then also required to notify the bureau of
support of any benefit the obligor is to receive (including worker's compensation, severance
pay, sick leave, bonuses, profit sharing, etc.) and any lump-sum payment of any kind that is
$500 or more. If the employer fails to comply with the withholding order, the employer is
liable for any support payment not made.
In situations where the obligor is self-employed or unemployed, the court may issue an order requiring the obligor to post a cash bond with the court. Any cash bond required shall be in an amount determined by the court but must be at least $500 but may not be more than $10,000, conditioned on the obligor making payment as previously ordered and will pay any arrearages under any prior support order that pertained to the same child or spouse.
If the court determines that the obligor is receiving workers' compensation payments, the court may require the bureau of workers' compensation to withhold from the obligor's workers' compensation payments a specified amount for support in satisfaction of the support order.
Similarly, if the obligor is receiving retirement benefits, the court may require the entity paying the benefits to withhold from the obligor's pension benefits a specified amount for support in satisfaction of the support order.
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Initially, if a person fails to make his/her child support payments as ordered, the court can
find that person in contempt of court. If found in contempt, the obligor can be ordered to
pay the costs of the contempt hearing, including attorney fees and can be ordered to jail
under certain circumstances. In the event the obligor continually fails to pay child support
(or spousal support), he/she can be charged criminally with potential penalties of up to 18
months in prison.
Dennis P. Levin, Attorney at Law
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