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Obligations of Support in Ohio

Obligations of Support in Ohio

When a marriage ends in or around Columbus, Ohio, one spouse may be required to provide financial support to the other. Parents also have a legal obligation to support their children, regardless of custody arrangements. Ohio law sets guidelines for determining these support obligations and allows for enforcement when payments are not made.

Atkins and Atkins, Attorneys At Law, LLC, has more than 30 years of combined experience handling Ohio spousal support and child support matters. Reach out today at (614) 485-8248 to schedule a confidential consultation with a Columbus divorce lawyer.  

How Our Columbus Divorce and Family Law Attorneys Help You with Support Obligations in Ohio

How Our Columbus Divorce and Family Law Attorneys Help You with Support Obligations in Ohio

Whether you are receiving or paying support obligations, hiring an experienced lawyer is the best way to protect yourself. At Atkins and Atkins, Attorneys At Law, LLC, our attorneys help you explore the best options for alimony and child support.

When you trust us to help protect your best interests in Columbus, Ohio, we can:

  • Determine your financial obligations based on Ohio laws for support obligations
  • Ensure accurate calculations so you do not overpay or receive less than you deserve
  • Advocate for fair amounts based on the unique factors relevant in your case
  • Secure modifications of support obligations when there is a substantial change in circumstances
  • Assist with enforcement actions if an ex-partner fails to

Contact us today to schedule an initial consultation with a Columbus family law attorney. 

Types of Support Obligations in Ohio

There are two types of support obligations in family law cases: alimony (spousal support) and child support.

Alimony/Spousal Support

Ohio Revised Code §3105.18 defines spousal support as a payment made to a spouse or former spouse. The code also provides for payments to a third party on behalf of a spouse or former spouse. Alimony does not include payments that are made as part of property division.

Child Support

Ohio law requires parents to provide financial support for their children. Child support obligations may be imposed in cases involving unmarried parents, paternity actions, legal separations, and divorces. These obligations are separate from custody determinations and are intended to ensure that a child’s basic needs are met.

Temporary and Final Support Orders

In both spousal and child support matters, Ohio courts may order temporary support while a divorce or custody case is pending. Once the case is resolved, the court issues a final support order, which may adjust the amount, duration, or terms of support going forward.

How Ohio Courts Calculate Spousal Support

Ohio does not use a fixed formula for calculating spousal support. Instead, the court considers statutory factors for spousal support awards. ORC 3105.18(C)(1) requires courts to consider the following factors when awarding alimony:

  • The parties’ income from all sources
  • The length of the marriage
  • The parties’ relative earning abilities
  • Retirement benefits for either party
  • The parties’ physical, emotional, and mental
    conditions
  • The parties’ ages
  • The standard of living during the marriage
  • Whether it is inappropriate for a party to seek employment as the custodian of a minor child of the marriage
  • The parties’ liabilities and assets
  • The level of education of each party
  • Tax consequences, if any
  • Contributions a party made to the other party’s education, training, or earning ability
  • Lost income experienced because of marital responsibilities
  • The expense and time it will take for a spouse to acquire education, training, and experience to obtain employment to support themselves

The court may consider other factors it finds to be relevant and equitable. Courts evaluate each case based on the statutory factors and the parties’ individual financial circumstances.

Ohio Child Support Guidelines

Ohio uses child support guidelines to calculate support obligations. The guidelines are based on an income shares model. The combined parental income and number of children determine a base support amount. 

The components of child support in Ohio include:

  • The basic child support amount covers fundamental living expenses, including food, shelter, clothing, and transportation
  • Child care expenses are shared between the parents based on their income shares
  • Health insurance coverage may be provided by one or both parents, depending on the situation, with the cost shared based on their income shares
  • Uninsured and extraordinary medical expenses are shared between the parents based on their income share

A court may apply a 10% reduction if a court-ordered parenting time order gives the parent 90 or more overnights per year. When both parents share parenting responsibilities, the court evaluates the specific circumstances to determine child support obligations.

Modifying Support Orders in Columbus

The law provides for modification of support obligations in the event of a substantial change in circumstances. Examples of changes that could justify a modification include:

  • Involuntary job loss
  • Income increase or decrease
  • Remarriage
  • A substantial change in the child’s needs
  • Changes in parenting time and/or custody
  • The birth or loss of a child
  • Retirement or disability

To modify a support order in Franklin County, a party must file a Motion to Modify and serve it on the other party. At the hearing, the requesting party bears the burden of showing that a substantial change in circumstances warrants a modification of the existing order. A family law attorney can guide you through this process.

You may also file a Request for Administrative Review of the Child Support Order to request an administrative review. This review can be requested by either parent every three years without a change in circumstances. File the request with the Child Support Enforcement Agency (CSEA).

Get Help With Support Obligations in Columbus, OH

Support obligations can significantly impact your financial future after divorce. At Atkins And Atkins, Attorneys At Law, LLC, we take pride in helping clients understand their rights and responsibilities regarding spousal and child support in Columbus, Ohio. 

Contact us today to schedule a consultation with a Columbus divorce lawyer. 

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