Parenting & Child Support Go Hand In Hand

Child Support and Visitation

Although many complain that the residential parent will not allow any parenting time or visitation, child support is not based upon visitation. A court will not suspend child support simply because visitation is denied. If visitation is interfered with, the appropriate remedy is to enforce your parental rights through an Application to Determine Custody or a Motion to Show Cause. Please see the custody section for more information.

Child Support and Paternity Issues

The Ohio Legislature developed a format that is intended to be for both the mother and father. The person who pays support is the Obligor, and the person who receives the support is the Obligee. Child support obligation is based on the percentage of each parent’s income to their combined incomes, and the percentage of time the child(ren) spends with each parent. Similar to your Federal Income Tax, credits are provided for biological child(ren) that are supported by a parent, health insurance, childcare expenses and mandatory union dues. Any biological parent, regardless of marital status is obligated pay support through CSEA. Under certain circumstances, CSEA allows for deviations or changes in the monthly child support obligation. For instance, if the child attends a primary school, an allowance is based on the tuition costs and additional expenses. There are also allowances if the child(ren) spends equal time with both parents.

Child Support Guidelines

The Child Support Enforcement Agency (CSEA) is an Ohio Administrative Agency that is responsible for collecting Child Support for every child under the age of 18. A standard Shared Parenting Schedule considers both parents to be the residential parent when the child(ren) are in their possession, and one parent is the sole residential for school purposes. For more information on parenting schedules please see the custody or divorce section.

Modification of Child Support

Depending upon the court that issues the child support order, a Motion to Modify child support may be filed in Juvenile Court, Domestic Relations or at the Child Support Enforcement Agency. Since it may take months for a court hearing, the new support amount is retroactive from the date of filing. A modification of child support may be accomplished by agreement of the parties or by court order. The Obligor must show that there has been a substantial change in circumstance and the new child support amount must be more or less than 10% of the current obligation. A modification may be granted even if the Obligor is in arrears. The courts may not modify a support order simply due to a temporary layoff or unemployment. Other factors include education, work experience and if the party is voluntarily underemployed.

Past Care

Even if there has never been a court ordered obligation, the parent raising the child(ren) or the State of Ohio may seek money for past support (the cost of raising a child prior to a child support order). The State of Ohio will seek reimbursement if the child(ren) has been provided public assistance. The Obligee may seek past support if the certain elements can be proven. For instance, if the parties have never lived together and the burden of support has been solely on the primary, residential parent, the non-residential parent may be ordered to pay support for all of the years that the child has been born. The calculation is still based upon the parties' combined income, though the amount of past care owed can amount to thousands of dollars.

Arrearages

Similar to an installment loan, when payments are not made, arrearages accrue and a Complaint in Contempt or a Motion to Show Cause may be filed. The State of Ohio may also suspend an Ohio driver's license and the court may not order the BMV to reinstate driving privileges. A Contempt or Show Cause filing requires the Obligor to appear in front of a Magistrate or Judge, to explain why the support obligation has not been paid. If the Obligor admits that the amount is owed, the Magistrate will sentence to a specified time in jail. The Magistrate will suspend the sentence in order for the Obligor to purge (remove or eliminate) the suspended sentence. The purge amount is usually a percentage of the total of arrearages or consecutive payments for a specified time period. If the Obligor does not pay the child support obligation, a Motion to Execute may be filed and a judge may impose the sentence. Federal law and the State of Ohio allow tax refunds to be intercepted in order to enforce child support. Additionally, wage attachments, garnishments seizing property or bank accounts are methods of collecting child support arrearages.
 

Child Custody | Child Support | Divorce | Domestic Partnership | Paternity | "Prenups"