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New Child Support Guidelines in Ohio

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Dec 12, 2018

The Ohio State Legislature has updated the child support formula under House Bill 366. The current child support formula was last updated in 1992 relying on economic data gathered in the 1980’s. Effective March 28, 2019 Ohio will utilize new child support guideline factors which may impact current child support orders. For instance, the new guideline tables will max out at a combined family income of $300,000.00, whereas the old max income was $150,000.00.

The new law also eliminates the current deductions for parent’s gross income for amounts paid for children under a pre-existing support order and amounts for children from another parent not involved in the current child support case. The new law treats all children the same by providing a standard income deduction. This eliminates the result which gives the first child to file for support the highest order.

One of the most significant changes to the child support law is the “parenting time adjustment”. The new support formula adds a 10% parenting time adjustment for all standard parenting time orders when the parenting time exceeds 90 overnights per year. If the parenting time exceeds 147 nights per year the court shall consider a substantial deviation and must issue findings and recommendations if the court chooses not to allow a deviation. However, the law does not mandate deviation.

There are several new child support deviation factors. The court may now consider the extraordinary work-related expense incurred by either parent. Post-secondary educational expenses paid for by a parent or the parent’s own child or children regardless of whether the child or children are emancipated. The extraordinary child care costs required for the child or children that exceed the maximum statewide average cost estimated by ODJFS. The new bill provides that the annual amount of any court-order spousal support that is actually paid, excluding any ordered payment on the arrears, must be deducted from the parent’s annual income the extent the payment is verified by supporting documentation. Under the current law, payment on the arrears is not excluded.

It is too early to predict the impact this new law will have on existing child support orders and whether there will be an upward or downward modification trend. However, a vast majority of current child support orders will almost certainly be increased or decreased by the new factors under this child support law. Please contact the law firm of Berry & Karl, LLC if you would like us to review how these child support changes may affect you.

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