USA – OHIO Law and Practice Contributed by: Andrew A Zashin, Amy M Keating, Kyleigh A Weinfurtner and Christopher R Reynolds, Zashin Law
Child Support For parties with a combined gross income below USD336,000 per year, Ohio law requires child support calculated under the child-support guidelines. These guidelines are basic sup - port schedules that arrive at a support obliga - tion based on the number of children and the combined gross income of the parents, as well as other factors, including costs of healthcare insurance, childcare costs, and number of over - nights the child spends with each parent. Sup - port calculated under the guidelines is rebuttably presumed to be correct. Ohio provides multiple “deviation factors” that can be used to adjust the calculated amount, including deviations for more parenting time. For parties with combined gross incomes in excess of USD336,000 per year, Ohio courts are tasked with determining a child-support obliga - tion on a “case-by-case” basis considering “the needs and standard of living of the children who are the subject of the child-support order and the parents”. “Gross income” under the stat - ute is quite broad and means “income from all sources”, with some limited exceptions. Duration of Child Support Parents are required to support their children until a child turns 18, or graduates from high school, but no later than the child turning 19. A court can extend parents’ obligations to support their child until after the age of 19 if the child is mentally or physically disabled and is incapable of supporting or maintaining themself. Modification of Child Support A party can seek to modify child support if there has been a substantial change in circumstances in the income or circumstances of one or both of the parties or the subject children. For instance, if one party obtains a new job with significantly
higher compensation, or conversely loses their job as a result of a disability, they can move the court to modify their support obligation. 3.3 Other Matters Orders Regarding Custodial Decision-Making When parties are unable to agree about deci - sions of importance regarding their child’s upbringing, the court will decide which parent can make decisions on behalf of the child with respect to the child’s schooling, medical treat - ment, religion, and participation in extracurricu - lar activities. The court can decide that it is in the best interest of the child for both parents to be involved in this decision-making. Conversely, the court can award decision-making authority regarding these issues to one parent or can split the authority to make the decisions regarding the above-referenced issues between the parents. Court’s Treatment of Parental Alienation The court must conduct an evaluation of the child’s best interests in making any determina - tion regarding custody or parenting time. As part of this best-interest determination, the court will consider a parent’s compliance with parenting- time orders issued by the court and a parent’s willingness to facilitate the relationship and par - enting time of the other parent. While aware - ness of parental alienation continues to spread across the state, the courts widely vary in their treatment of cases where there are allegations of parental alienation. Children Providing Evidence As part of its best-interest determination in any matter regarding custody or parenting time, the court must consider the wishes and concerns of the child if the court finds the child has sufficient reasoning ability. The court is not required, how - ever, to issue an order that reflects the child’s
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