Columbus Child Support Attorneys
The calculation of child support is a pretty straighforward process most of the time. Ohio Revised Code Chapter 3119 governs the whole child support process, including payment, wage withholding, and health insurance. If you are not getting enough child support, or think you are paying too much child support, an attorney at Harris & Engler can help you obtain the best child support results available under Ohio law. Simply call (614) 610-9988.
Guideline Child Support
Ohio has a statutory structure which provides a worksheet calculation of child support. Child support payments are determined from a calculation that takes into account the gross income of both parents, daycare expenses, and out of pocket cost for health insurance for the children. You can call a child support attorney at Harris & Engler to determine if you are eligible to increase child support payments or lower child support payments based on these Ohio guidelines. The Ohio child support guidelines represent a rebuttable presumption of a dollar figure which can be affected by a number of variables. These variables include how much time each parent has with the children, any special needs of the child and relative income of each parent. The courts will generally try to keep the children of a divorced marriage at the same standard of living had the marriage continued.
Deviation from Guideline Child Support
Calculating child support payments is pretty simple in that you input the variables into a calculation and out comes the guideline amount. In order to get a court to accept a dollar figure that is different from the guideline amount (a deviation), it is quite a bit more complicated. Ohio Revised Code 3119.23 provides factors that a court must consider in determining whether or not to grant a deviation from guideline child support, these factors are provided below only in part and in summary:
(A) Special and unusual needs of the children; ...
(C) Other court ordered payments;
(D) Extraordinary costs associated with parenting time; ...
(G) Disparity in income between parties or households;
(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;
(I) The amount of taxes actually paid or estimated to be paid by a parent or both of the parents;
(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling or clothing;
(K) The relative financial resources, other assets and resources, and needs of each parent;
(L) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married; ...
(P) Any other relevant factor.
R.C. 3119.23. Ohio Revised Code Section 3119.22 provides that once a court has considered the factors provided in R.C. 3119.23, the court can award a deviation from guideline child support if the court determines that guideline child support would be unjust or inappropriate and would not be in the best interest of the child.