How Is Child Support Calculated in Ohio?
Deciding to divorce means reimagining what your life will look like without living with your spouse. It will be a major emotional adjustment. Practical concerns also need to be considered, especially when kids are involved. Where will your children live? What will shared custody look like? More importantly, what will your finances look like?
Child support is a key issue that needs to be decided on between you and your soon-to-be ex. In Ohio, courts follow specific formulas when determining child support. These are the same formulas a couple can use to settle without a judge’s intervention.
It is always preferable to work things out and present a final agreement for a judge to sign off on. That is when you’ll benefit from retaining a skilled Ohio family law attorney. You and your attorney can work together to ensure your child’s needs are met with as little disruption to their lives as possible.
How the Ohio Income Shares Model Works for Child Support
Ohio family courts will always put the child’s best interests first. That extends to calculating child support. In theory, the financial support provided for a child after divorce should be no different than the support that was paid before the divorce. The major adjustment is that instead of one parent paying costs as they arise, they may have to make a lump-sum monthly payment to cover all those expenses.
Ohio uses an income shares model to calculate child support. With this approach, both parents’ gross incomes are combined to determine a total support amount based on state guidelines.
The state bases this system on a simple rule: a child should receive the same portion of parental income that they would have received if the parents lived together.
This is how the calculation works:
- Combine Incomes: The court will add the gross annual income of both parents. Gross income includes all the wages, bonuses, self-employment earnings, and benefits.
- Split the Cost: Each parent pays a percentage of the total support amount that matches their share of the combined income. For example, if one parent earns 60% of the total income, they owe 60% of the support obligation.
- Apply Adjustments: The final amount adjusts for extra costs like work-related childcare, health insurance premiums, and the number of overnight visits with each parent.
You can get a sense of what your child support contribution might look like using the Ohio Department of Job & Family Services calculator.
Impact of Shared Parenting Time on Final Payment Amounts
Divorce means adjustments to the family’s living arrangements. Typically, one spouse moves out of the family home and sets up a new living space. Children will then split their time between their parents based on the custody arrangements. That is a factor for determining child support.
These are the rules that the court follows:
The 90-Overnight Rule
If a court-ordered schedule gives a parent at least 90 overnights per year, the state calculation applies a 10% downward adjustment to that parent’s annual obligation.
Equal 50/50 Time
Even with a true 50/50 split (182 overnights each), a parent may still owe child support if a significant income gap exists between the two households.
Enforcement of Time
The court can remove the 10% reduction if a parent fails to use their court-ordered overnights without a valid reason.
Keep in mind that a judge can order a larger decrease or increase if they believe the original amount is harmful to the child’s best interest. A judge can also factor in a massive income disparity, high out-of-pocket travel costs for visitation, or substantial dual-household expenses.
The Importance of Strong Legal Counsel
When it comes to divorce grounds, Ohio is a hybrid state. It allows for no-fault divorce. That means both couples agree the marriage is broken, but they don’t need to provide a reason.
It also allows for fault-based divorce filings based on these grounds:
- Adultery
- Extreme cruelty
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment
- Willful absence for one year
- Fraudulent contract
The third option is for a straightforward dissolution of marriage. This applies when both spouses agree on all terms, such as property division and child support, before filing. This means they present the final agreement to the judge.
With so many options, you need to retain strong legal counsel. The attorneys at Davis & Associates have helped many Ohio residents navigate through the state’s divorce laws. We provide compassionate support and work to resolve issues equitably.
When it comes to child support, we also focus on what is best for the children. Until you resolve these issues, you won’t be able to move on. We want to help make that happen. If you’re at the early stages of your divorce, you owe it to yourself to speak with our legal team.
Call today to set up a consultation. We can answer your questions and help you make the right decisions about your divorce.