Child Suppport

Establishing the Financial Support to Raise a Child

I will listen to your situation and make sure you obtain a fair settlement for your family.

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Child Support
Child Support Payments
Changing Support

Determining Child Support

We Plan Ahead So You Obtain a Fair Settlement.

It is my job to advise you about how to determine your income and to assure that your ex-spouse is revealing all of the sources of their income. I will use the information you provide to shape a plan that we can use to obtain a fair settlement. The proper determination of “income” will also be used to prepare an argument which will be presented to the court for determining “temporary orders.” It is also important to understand when using a team of experts (detective, forensic accountants, tax specialists) may aid in preparing for divorce litigation.

The Child Support Guidelines are guidelines are the rules passed by the Ohio legislature which calculate child support orders based upon the financial circumstances of both parents. These guidelines are presumed under the law to be the correct. (R.C. 3119.03) Your attorney provides the information to the court which will allow it to set a child support amount. You may be able to find an Ohio child support calculator by searching the web, but be warned: THESE ON-LINE CALCULATORS ARE OFTEN WRONG! The Ohio basic child support schedule can be found at O.R.C. 3119.021.R.C. 3119.23 governs the factors which must be considered by the court in granting a deviation from the guidelines.

View What Counts as Income for Ohio Child Support

salaries
wages
overtime pay, bonuses and commission ( the SMALLEST NUMBER of the two following must be used: the yearly average of all overtime, commissions and bonuses for the last three years OR the total overtime, commissions and bonuses received during the year before the year when the child support obligation is being calculated.)
royalties
tips
rents
dividends
severance pay
pensions
interest
trust income
annuities
social security benefits, including retirement, disability, and survivor benefits that are not means-tested
workers’ compensation benefits
unemployment insurance benefits
disability insurance benefits
benefits that are not means-tested and that are 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
all other sources of income.
For members of any branch of the United States armed services or national guard:
- base pay
- basic allowance for housing (BAH). This replaced basic allowance for quarters (BAQ) and variable housing allowance (VAH) in 1998.
- basic allowance for subsistence (BAS)
- family supplemental subsistence allowance (FSSA)
- cost of living adjustment
- specialty pay
- variable housing allowance
- pay for training or other types of required drills;
self-generated income (self-employed or business owner)
potential cash flow from any source

Factors that Determine Payment Amount

(A) Special and unusual needs of the children;
(B) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;
(C) Other court-ordered payments;
(D) Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order;
(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family;
(F) The financial resources and the earning ability of the child;
(G) Disparity in income between parties or households;
(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;
(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
(K) The relative financial resources, other assets and resources, and needs of each parent;
(L) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;
(M) The physical and emotional condition and needs of the child;
(N) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;
(O) The responsibility of each parent for the support of others;
(P) Any other relevant factor.The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in this section that are applicable to their situation.If the court grants a deviation based on division (P) of this section, it shall specifically state in the order the facts that are the basis for the deviation.

Child Support Payments

Ohio’s Child Support Default Rate is 70 Percent.

Do You Need Help Enforcing Payments?

Child Support Enforcement Agency.

You do not have to hire a Lawyer to work with the Child Support Enforcement Agency. Any family receiving public assistance qualifies for free services through CSEA. Families that do not receive assistance can apply for services by filling out an application and paying a $1.00 application fee. You can apply for service at your local CSEA office.

Frequently Asked Questions About Child Support Payments

Do I Need An Attorney to Get Help From Child Support Enforcement Agency?

Can you deny Visitation to your ex-spouse as a punishment for failing to make timely child support payments?

The answer is unequivocally NO! Failure to pay support never justifies cutting off visitation. Also, if you are denied visitation, you cannot stop paying support either. The duties are separate in nature. If you are denied visitation, the proper way to deal with this issue is to petition the court to hold the offending party in contempt. If found in contempt, the court may order the party to pay court costs, your attorney fees, or order possible jail time. ORC 3119.44.

If I send money directly to my ex-wife/husband will that be counted as child support?

What happens if I fall behind in my child support payments?

Falling behind (called “going into default”) by just one month will result in your being sent a letter with the possible enforcement remedies that the CSEA or the other party may pursue. As you can imagine the enforcement of child support orders ranges from harsh to extremely harsh. You can request an administrative hearing to decide if the arrearage amount is correct or if you are the person who should be paying the money. If you disagree with the administrative decision you can file for a hearing in court.

Can the amount of my child support be changed once a court issues an order?

The answer to this question could be (and is) the subject of its own book. In the simplest terms, if the parties agree to the change and the court approves the agreement then the order can be changed. If the parties can’t reach an agreement, the unhappy person may request a court hearing and present testimony. If you find yourself in this position, you should consult competent litigation counsel.

Need an increase or decrease in child support?

Changes can occur when both parties agree, or through a requested court hearing.

Do you think your child support obligation should be less than the child support guideline amount, or do you believe the child support you are receiving isn’t high enough in your case? You may ask the court to consider a deviation from the guidelines.

A Deviation Can Alter Your Support Amount

Ohio Revised Code 3119.23 governs the factors which much be considered by the court in granting a deviation from the guidelines. They are as follows:

Special and unusual needs of the children;
Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;
Other court-ordered payments;
Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order;
The obligor obtaining additional employment after a child support order is issued in order to support a second family;
The financial resources and the earning ability of the child;
Disparity in income between parties or households;
Benefits that either parent receives from remarriage or sharing living expenses with another person;
The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
The relative financial resources, other assets and resources, and needs of each parent;
The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;
The physical and emotional condition and needs of the child;
The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;
The responsibility of each parent for the support of others;
Any other relevant factor.

There for you through the entire process.

I gives free consultations, guides you through your decisions, and I'm available for continued support after the divorce is over.

When You're Ready To Let Go

Child Suppport

What would you like to learn about?

Child Support

Child Support Payments

Changing Support

Determining Child Support

We Plan Ahead So You Obtain a Fair Settlement.

Child Support Payments

Ohio’s Child Support Default Rate is 70 Percent.

Do You Need Help Enforcing Payments?

Frequently Asked Questions About Child Support Payments

Need an increase or decrease in child support?

Changes can occur when both parties agree, or through a requested court hearing.

A Deviation Can Alter Your Support Amount

There for you through the entire process.

Determine Your Path

Understand the Process

Help After the Divorce

When You're Ready To Let Go

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