Look for an attorney who focuses his or her practice on your type of legal question, or someone who lists this as a type of law they regularly practice.
Your local bar association may have a referral program.
In Ohio both parents have a legal duty to financially support their children. Generally, child support is based on statewide guidelines and intended to provide for a child’s day-to-day needs. Determining the amount of support can be tricky when one parent is self-employed or works a seasonal job, or a child has additional expenses not otherwise included in the guideline support calculation. Ohio child support law was recently revised and new guidelines for determining the amount of child support became effective on March 28, 2019. An experienced lawyer can help clear up confusion in applying the guidelines to child support calculations. Whether you are determining the initial support amount or seeking enforcement or modification of an existing support order, Manore Divorce & Family Law has the knowledge and experience to create a workable solution for you. Contact Manore Divorce & Family Law for a free initial consultation. Call 419-517-9060 today.
There are three parts to a child support case:
1. Initial child support Order. All children are entitled to financial support from both parents until the age of 18 or graduation from high school but, no later than 19 years of age, regardless of the parents’ marital status. Ohio guidelines typically set forth the amount of child support to be paid.
2. Child support enforcement. Sometimes a party ordered by the Court to pay a certain amount of child support fails to pay the required amount or is constantly late with his or her payments. If this is the case, a Court can find that party in contempt, forcing him or her to pay or serve jail time.
3. Child support modification. The amount of child support payments for a family may be different when calculated using the guidelines of the new law than they were under the old law, but the implementation of this law is not a sufficient reason to modify a child support order which already existed. In order to make any changes to the amount one party pays in child support, the party requesting a modification will need to demonstrate that there has been a significant change in circumstances. These types of changes can include the loss of a job, reduced work hours, or disability.
Under Ohio law, child support determinations are made according to the Ohio Revised Code. This law was recently revised and new guidelines for determining the amount of child support became effective on March 28, 2019, and is quite complicated and a substantial change in many areas. Our firm has installed the new specialized computer software needed to properly calculate child support.
The Law Office of John James Manore, III strongly suggests that you contact an experienced family law attorney to recalculate the support. This new law does not automatically change any existing support orders whether they had been issued through your local Child Support Enforcement Agency, Juvenile or Domestic Relations Court.
Some of the changes include the following:
- The economic tables have been changed. The last update to the tables was in 1992. Those numbers for the tables were from economic data from the 1980’s. These new tables are based upon current income data. According to research completed over the last 26 years, the legislature concluded that low income obligors could not afford the amounts they have been ordered to pay.
- The guideline worksheet tables have been revised and now begin at combined annual gross income of $8,400.00 and max out at $300,000.00. The new minimum support order increases from $ 50.00 to $80.00 per month.
- Under the old law, the calculations could not calculate joint incomes of more than $150,000.00. The new worksheet handles joint gross income up to $300,000.00.
- The new law provides a 10% parenting time adjustment for all standard parenting time orders (90 overnights per year or roughly every other weekend and one night per week).
- The court shall also consider whether to grant a child support deviation for extended parenting time or extraordinary costs associated with parenting time when the court-ordered parenting time exceeds 90 overnights per year. This deviation is in addition to any other adjustments provided if the court-ordered parenting time equals or exceeds 90 overnights per year.
- There is now a cap on the child care credit.
Contact Manore Divorce & Family Law for a free initial consultation to see if your existing child support Order should be reviewed and/or modified. Call 419-517-9060 today. The firm is proud to serve the needs of clients in Lucas (Toledo, Sylvania, Maumee), Wood (Perrysburg), Fulton (Delta, Swanton, Wauseon), Henry (Napoleon), Williams (Bryan, Ohio), Defiance, and Ottawa (Port Clinton, Elmore, Woodville) counties.