Child support is calculated according to Ohio law to make sure that a child has everything they need to be safe and healthy. Child support is money that you or the other parent pays to help meet the financial needs of your children. Usually child support is paid to the parent who has custody of the children after a divorce by the parent without custody. However, there are exceptions:
- A parent can have custody and not receive child support.
- A parent can pay child support and not have visitation rights.
- The child is raised via “shared parenting,” but only one parent pays child support. Having shared parenting does not eliminate child support.
While child support payments are meant to help with the child or children’s costs, the decision for how that money is used is up to the parent who receives it.
Child support is calculated according to Ohio law.
Ohio law includes a specific formula for calculating child support that considers the number of children, each parent’s income, child care costs, health insurance costs, spousal support and benefits paid on behalf of a child.
The calculator will estimate your standard child support and medical support obligations on a monthly and annual basis. You can ask the court for a “deviation,” or change to the standard support payment, based on extraordinary expenses or circumstances. For example, if there are extraordinary uninsured medical expenses for a child, the child has special needs that require additional care or education expenses, or any other situation that requires a large expense on behalf of the child.
If you ask the court for a deviation from the standard child support payment, you will need to explain in detail why the deviation is needed. You will also need to attach documentation to show the extraordinary costs.
Changing Child Support.
If you believe that the amount of child support you pay or receive needs to be changed, there are two ways to request a change:
- Request a CSEA review
- File a motion in court
There are pros and cons to both options. Here are some things to consider when deciding which option to choose:
CSEA:
- You will not have to pay court costs.
- You can complete the initial review without attending a hearing in person; they can be done by mail or over the phone.
- You don’t have to “serve” the other parent.
- There is a faster appeal process if you don’t agree with the CSEA recommendations.
- In some cases, the county CSEA may not be able to conduct a review of your order. Contact the county CSEA that has your child support order to see if you are eligible for an administrative review and adjustment.
Court:
- You can request a modification at any time; you don’t have to consider the 36-month requirements for a CSEA review.
- You get to appear in person to explain your story to the judge or magistrate.
- The court has more flexibility to consider personal circumstances when deciding if the parent is voluntarily unemployed, or when deciding if the order should be modified.
- If your support order has multiple deviations from Ohio’s standard child support guidelines, the court may need to review the deviations to see if they are still possible.
- You may need to pay court costs.
- You will need to properly “serve” the other parent.
Requesting a CSEA review
One way to request a child-support change is having the county CSEA review your order. A review means that a caseworker looks at both parents’ information to see if child support or health insurance should be added or changed. The parents do not have to attend the administrative review.
A hearing will be held with a CSEA administrative hearing officer, and this hearing officer will issue a decision following the administrative hearing. If you wish to object to the review and adjustment hearing decision, you can submit your written objection to the court that issued the original order within 14 days from the issuance of the CSEA decision.
While your case is pending before the court or the CSEA, the law requires you to keep paying support at the old amount. Otherwise, you will have to pay any back payments due.
Going to court
Another way to request a child support modification is to file a motion in court.
Explain your change of circumstances. On the paperwork, explain how your circumstances are different (like if your income is different, or if your custody changes). The change must result in at least a 10% change to the total child support amount. Proving that your child’s needs are different is not required.
Attend the hearing. While your case is pending before the court, the law requires you to keep paying support at the old amount. Otherwise, you will have to pay any back payments due.
If the court decides there is a change of circumstances, the court will require a new child support amount.
When does my duty to pay child support end?
Your child support order may be eligible for termination when:
- Your child turns 18 years of age. If your child is still attending high school when they turn 18, you are obligated to pay child support until the child graduates from high school or turns 19, whichever happens first.
- Your minor child lives on their own (and has been legally emancipated by the court), joins the military or gets married.
- There has been a legal change of custody and the child no longer lives with the other parent or has moved in with you.
- You have married and moved in with the custodial parent.
Contact the Ohio Child Support Law Firm of Atkins And Atkins, Attorneys At Law, LLC
For more information, please contact Atkins And Atkins, Attorneys At Law, LLC to schedule your free initial consultation with a child support lawyer in Ohio today.
We proudly serve Franklin county and its surrounding areas:
503 S Front St Suite 203
Columbus, OH 43215
(614) 485-8248
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. It may not reflect the most current legal developments, and the content, information, and materials provided should not be relied upon for legal decisions.
