Child support is the payment from one parent to another for the financial benefit of a child. In Ohio, child support can be ordered in situations involving unmarried couples with children, matters in which paternity of a child is established, divorces, dissolutions and legal separations. Depending on the circumstances, child support may be established through a county Child Support Enforcement Agency, the juvenile court or domestic relations court. In most situations, a parent with the greater income pays child support to the other parent unless that parent is designated as the residential parent and legal custodian of the child.
How is child support calculated?
Ohio’s child support guidelines are used to calculate the amount of child support to be paid. This is a formula that is found in Ohio law. The formula uses information including the parties’ incomes, number of children that are included in the support order, work-related child care, the cost of heath insurance for the children to calculate the statutory “guideline child support.”
How is income determined?
If you are employed to “full capacity”, your gross income is used.
If you are unemployed or underemployed (meaning not employed to full capacity), the sum of your gross income and any potential income is used. Potential income may be determined by the court to include income you may be able to earn as a result of your education, past earning history, experience or expertise and related jobs available in the area. A vocational evaluation can be performed by an expert to give an opinion as to potential income.
How long does child support have to be paid?
Under Ohio law, child support typically ends when a child graduates from high school or turns 18 years old. If a child is 18 years old and still attending high school, child support will end on the child’s graduation or 19th birthday, whichever occurs first.
Child support may extend past the high school years in situations involving a child with special needs or if there is an agreement by the parents.
How is child support paid?
Ohio law requires that child support be paid through Ohio Child Support Central with your county Child Support Enforcement Agency (CSEA) responsible for administering your child support order. Child support will be deducted from either the paying party’s wages by the employer and paid to the CSEA or, if the paying party is not employed, deducted from a bank account.
Can child support be modified?
Modification of child support can be requested when there has been a change in a parent’s financial situation. Under Ohio law, a change in circumstances also occurs when a change in income results in a 10% change in the guideline child support amount.
Is child support taxable?
For tax purposes, child support is neither considered as income to the party receiving it nor deductible by the party paying it.
Contact the lawyers at Buck & Fish Ltd. to schedule an appointment to discuss your situation and learn your rights.