CHILD SUPPORT
The State of Ohio requires parents of a minor child to provide for the basic necessities of the child. Upon divorce, this obligation continues. The parents, now two separate individuals legally, share this obligation as during the marriage, only now the obligation is split between them as a percentage of their combined incomes, and formally stated in the Decree. The process by which this amount for child support is determined is defined by statute. Deviations from the statutory determination are permitted when justified by the overall circumstances of your case. Support is paid through the Ohio Child Support Central [O.C.S.P.C.] Direct payments made from the obligor spouse to the obligee spouse will be deemed a "gift." The obligor will receive no credit for such "voluntary gifts" made outside the O.C.S.P.C. The usual method of payment is by wage withholding or bank account withholding, which insures smooth payment and also prevents those "gifts" from occurring accidentally.
HOW IS CHILD SUPPORT DETERMINED?
Child support in Ohio is established by statute. While the process of determining the amount of child support is complex, the basic principle is this: the combined incomes of the parents, now separated legally, is plugged into an income schedule created by the State which then provides the amount of child support for each child which is the result of the prior union of the parents. That result is then multiplied by the number of children involved to reveal a total amount due for annual child support. Then, looking to the total combined income of the parents used earlier, the ratio each contributed to that total income amount is determined for each parent, e.g. the percentage each parent contributes to the total combined income amount.
An example:
An example:
- Each parent's income is combined to represent the income amount which would exist, "as if", the parents were still married.
- Let's say father contributes 60% to the combined total income amount of both parents, compared to 40% for the mother, equaling 100%.
- Ohio's statutory guidelines determine the amount of child support owing each child based upon the parents' combined incomes.
- Each parent's respective percentage then determines the amount that each parent must contribute to the support of the children.
- The process may be pursued further if particular circumstances of the case warrant a deviation from the statutory amount determined above, and may then be applied to the child which is the focus of the deviation. Deviations are also regulated by statute, are based upon financial considerations of the parents and child, and the needs of the child. These justifications must be submitted to the court for approval.
CHILD SUPPORT ORDER MODIFICATION:
Child support may be modified as the circumstances of the parents and/or children change over time. When this occurs, either party may petition the court for a modification of an existing child support order to reflect the change of circumstances. A change of circumstances may be submitted to the court when the recalculated actual child support obligation varies 10% or more from the existing support obligation. Generally, the modification is effective from the date of filing the petition (request for change).
During the motion process, you will be required to complete an affidavit of financial disclosure detailing your financial situation for the court. An affidavit of child custody and several other forms also need to be completed and filed with the court. These will be used to assist in determining the amount of child support, similar to the initial determination procedure above.
The child support determination process has become quite complex, and now also includes determination of a medical support order. The process may be compared to the preparation of your IRS 1040 tax return on steroids! Additional court orders are required as well as analysis of financial aspects of both spouses in computing each spouse's obligations of support. Many additional factors are included in determining the final child support amount, which are not discussed here. It is strongly recommended that you seek legal counsel in any child support motion.
Monte utilizes advanced computer legal software to analyze all financial aspects of your situation.
During the motion process, you will be required to complete an affidavit of financial disclosure detailing your financial situation for the court. An affidavit of child custody and several other forms also need to be completed and filed with the court. These will be used to assist in determining the amount of child support, similar to the initial determination procedure above.
The child support determination process has become quite complex, and now also includes determination of a medical support order. The process may be compared to the preparation of your IRS 1040 tax return on steroids! Additional court orders are required as well as analysis of financial aspects of both spouses in computing each spouse's obligations of support. Many additional factors are included in determining the final child support amount, which are not discussed here. It is strongly recommended that you seek legal counsel in any child support motion.
Monte utilizes advanced computer legal software to analyze all financial aspects of your situation.
CONSEQUENCES RESULTING FROM NEGLECT OF A CHILD SUPPORT ORDER:
If you have a question regarding your child support, or believe that you have a change of circumstances since your last child support order, contact an attorney. Failure to pay child support in violation of a court order may have adverse consequences, including:
Contact me now for a in person consultation.
- Involvement by the county child support enforcement agency,
- interception of tax refunds,
- contempt of court,
- interest on the arrearage and,
- the costs of post divorce decree litigation, including opposing counsel's legal fees.
- In extreme cases you may lose your freedom as well through criminal prosecution.
Contact me now for a in person consultation.
TWO LOCATIONS TO SERVE YOU:
- Neighborhood Clients: Catalina Manufactured Home Park at 6501 Germantown Rd., Lot 41, Middletown, Ohio, 45042-1264, on State Route #4 [My Home - by appointment only] (Near the Land of Illusion Haunted Scream Park.)
- Dayton area clients: I'm available at 4130 Linden Avenue, Claypool Building, Suite 304, Dayton, Ohio, 45432 courtesy of my good friend, R. Jason Howard. [by appointment only]
- Phone: 513 423-8912
- Email: Monte K. Snyder, Attorney
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO BE A BRIEF OVERVIEW OF SOME OF THE LEGAL PROCESSES INVOLVED IN THE ISSUES ADDRESSED. ALL INFORMATION IS LIMITED TO OHIO. IT IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THOSE PROCESSES.