The following is a summary of Ohio child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Ohio Code and/or consult with an attorney about how the law might apply to your particular situation.

Calculation of Child Support.

The court or agency shall calculate the amount of the obligor’s child support obligation in accordance with the basic child support schedule, the applicable worksheet, and the other provisions of sections 3119.02 to 3119.24 of the Revised Code.

-From Section §3119.02 of the Ohio Statutes.

Shared or Split Custody.

If the parents have split parental rights and responsibilities, the child support obligations of the parents shall be offset, and the court shall issue a child support order requiring the parent with the larger child support obligation to pay the net amount pursuant to the child support order.

A court that issues a shared parenting order in accordance with section 3109.04 of the Revised Code shall order an amount of child support to be paid under the child support order that is calculated in accordance with the schedule and with the worksheet set forth in section 3119.022 [3119.02.2] of the Revised Code.

-From Sections §3119.07 and §3119.24 of the Ohio Statutes.

Health Care of Minor Children.

The court shall include in each support order the requirement that one or both of the parents provide for the health care needs of the child, and the court shall include in the support order a requirement that all support payments be made through the office of child support in the department of job and family services.

-From Section §3109.05 of the Ohio Statutes.

Deviation from Child Support Guidelines.

The amount of child support as calculated pursuant to the child support guidelines is rebuttably presumed to be the correct amount of child support due. The court may order an amount of child support that deviates from this amount if, after considering the following factors and criteria, the court determines that the amount would be unjust or inappropriate and would not be in the best interest of the child.

  1. Special and unusual needs of the children;
  2. Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;
  3. Other court-ordered payments;
  4. Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order;
  5. The obligor obtaining additional employment after a child support order is issued in order to support a second family;
  6. The financial resources and the earning ability of the child;
  7. Disparity in income between parties or households;
  8. Benefits that either parent receives from remarriage or sharing living expenses with another person;
  9. The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
  10. Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
  11. The relative financial resources, other assets and resources, and needs of each parent;
  12. 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;
  13. The physical and emotional condition and needs of the child;
  14. The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;
  15. The responsibility of each parent for the support of others;
  16. Any other relevant factor.

-From Sections §3119.03, §3119.22, and §3119.23 of the Ohio Statutes.

Withholding Child Support Due to Interference with Visitation.

The court shall not permit the withholding of child support because of a denial of or interference with a right of parenting time or visitation.

-From Section §3119.09 of the Ohio Statutes.

 

This information has been summarized from the Ohio statutes. You can find the full-text version of these and other Ohio divorce statutes online here: Ohio Divorce Laws.

LEARN MORE ABOUT GENERAL CHILD SUPPORT LAWS.

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