Ohio Child Support Guidelines

Ohio Child Support Guidelines have been established that must be followed in all counties in Ohio. These guidelines are based on a number of factors including the income of each parent, the number of children, the cost of medical insurance, the cost of day care, and when there are other children which are outside of the marriage.

The setting of child support is a straightforward practice of entering the information in the Ohio Child Support Guidelines which have been established by the Ohio Supreme Court.

New Child Support Guidelines

There are new child support guidelines. This is the first change in Ohio in 25 years. All cases must now be done according to the new guidelines. I have purchased a new software program to prepare the new child support worksheet.

There are several changes in the new law and the language in parenting plans is different and there is a new child support worksheet which must be done.

Deviation In Child Support

Adjustments can be made in the amount of child support in the Ohio Child Support Guidelines. This is known as a deviation. A deviation can be that less child support is paid, that no child support is paid, or that more child support is paid than the guidelines.

A Court will want to know the reasons for the adjustment and if the adjustment is in the best interests of the children. It is not enough that the parents just do not want for there to be no child support. There must be a reason(s) for the deviation. A judge can refuse to accept the deviation because it is not justified and not in the best interests of the children.

Reasons for a Deviation

Here are some of the reasons for a deviation from the Ohio Child Support Guidelines that are recognized in Ohio Law:

There is extended parenting time in the Parenting Plan for the parent receiving the deviation. Sometimes this eliminates the child support altogether or the child support is reduced by the percentage of the parent’s parenting time. It is not enough that the parenting time is the standard alternating weekends and one evening per week.
There is a disparity in the income and/or the financial resources between parents or between the households of parents.
There are benefits that a parent receives from remarriage.
There are benefits that a parent receives from sharing living expenses with another person.
The needs of one parent are more than the needs of the other parent.
There are significant, in-kind contributions from one parent, including, but not limited to: payment for school tuition, lessons, sports equipment, school fees, or clothing.
There are extraordinary costs associated with parenting time.
A parent has the responsibility for the support of others.
There are several other factors.

(For the State Law on Deviations in Child Support: http://codes.ohio.gov/orc/3119.23)

Shared Parenting

The most common situation where there is no child support is under a Shared Parenting Plan where the parents have comparable incomes, are equally splitting the parenting time with the children, and are equally splitting the expenses of the children.

The main thing to remember in deviating from the Ohio Child Support Guidelines is that there must be a reason for the deviation and that the deviation is in the best interests of the children. If the Judge does not think that this is the case, he or she can reject the deviation.