Columbus, Ohio Child Support Attorneys
Child support in Ohio is guided by a basic formula that is laid out in state law. However, there is more to the consider than the basic guideline child support. Ohio law also provides “deviation factors” that may vary the child support computation when certain circumstances exist. Our attorneys are well versed in the deviation factors and how to apply them. We also understand the difference between the judicial and administrative processes available when child support is an issue in your case. If you are looking for assistance in issues relating to child support, call our office for a consultation and we will do our best to guide you.
How is child support calculated?
The basic guideline child support is calculated using the income of the parties, the number of children, health insurance costs, work-related childcare costs, and other factors. There are two statutory child support worksheets: sole custody or shared parenting and split custody. The formula assumes that the parties will spend a certain portion of their income on the child(ren) and caps family income at $150,000. If the parties have income above $150,000, the calculation is done on a case-by-case basis.
The incomes of the parties includes more than just salary or wages. The basic calculation also takes into account whether one party is paying spousal support, court-ordered support for other children, union dues, work-related deductions, federal tax exemptions for the child(ren), and local income taxes.
What is the difference between the Court ordering child support and getting child support through the Child Support Enforcement Agency?
When either the Court or the Child Support Enforcement Agency issue a support order, the parent obligated to pay support must pay it or face certain consequences. It is not more or less official to do it through one venue versus the other. However, different standards may apply. When the Child Support Enforcement Agency issues a support order, the agency is only allowed to determine the guideline computation. They do not have the authority to apply the deviation factors that may alter the guideline computation. The Court, on the other hand, has the ability to apply deviation factors. The child support deviation factors may increase the support award, decrease the support award, or eliminate it all together. The Court’s discretion is guided by what is in the best interest of the child(ren).
My child’s father/mother and I live together. Can I get child support?
No. Generally speaking, you need to be living in separate residences in order for the Court or Child Support Enforcement Agency to order child support.
The Child Support Enforcement Agency already ordered support, but I can’t afford it.
You have the ability to object to the agency’s determination of support and ask a Magistrate to review the award. The Magistrate has the ability to determine whether it was calculated properly and whether any of the deviation factors should apply. If you are outside the deadline to object to the Child Support Enforcement Agency’s determination, you may be able to file a Motion to Modify with the Court or ask the Agency to recalculate the obligation. Both of these proceedings has certain requirements that must be met in order to succeed. Our attorneys are well versed in those requirements.
My child’s father/mother hasn’t paid support in years. What should I do?
Certain penalties and consequences apply when an obligor for child support has not kept current. Often times, the Child Support Enforcement Agency will take certain measures to attempt to recoup those sums. Sometimes, it is necessary for you to take matters into your own hands by filing a Motion for Contempt. The Court has the power to apply different punishments for failure to stay current with a child support order, such as license suspension, jail time, fines, and awarding attorney fees.
If you have a child support issue and need the representation of an attorney in Central Ohio, call our Columbus, Ohio office at (614) 567-3031 today to schedule an appointment. If you hire us, we will credit your account with the cost of your initial consultation.