Generally

In Ohio, child support orders are set according to specific statutory guidelines based on the combined gross incomes of the parents and number of children to be supported.  It is calculated according to a worksheet adopted by the Legislature.

All courts are required to use the statutory guidelines and worksheet for calculating child support orders and the amount of child support calculated using the worksheet is presumed to be the correct amount.

The parent ordered to receive child support is known as the Obligee and the parent ordered to pay child support is known as the Obligor.

Child support obligations are set at a specific amount to be paid each month by the Obligor.

Deviation from Guidelines Child Support 

Either or both parents may believe the guidelines amount of child support is too high or too low.  In such a case, a parent may seek what is called a deviation.

The parent seeking to deviate from the guidelines child support amount has the burden to prove to the court the guidelines amount of child support is unjust or inappropriate and, therefore, not in the best interests of the child or children.

The reasons a court may deviate from the guidelines amount of child support are listed in O.R.C. 3119.23.  The decision to grant a deviation rests solely within the court’s discretion and depends on the specific facts and circumstances of each case.

Only the court, not the CSEA, may grant a deviation from the child support guidelines.

Medical Support 

All child support orders must include provisions for medical insurance coverage for the child/children.

One or both parents may be required to purchase private health insurance coverage for the child/children if:

• It is available at reasonable cost.  Insurance is considered available at a reasonable cost if the extra cost of insuring the child/children does not exceed 5% of that parent’s gross income for child support purposes. (O.R.C. 3119.29(A)(8)).
• It is accessible to the child.  Accessible means health insurance coverage that provides primary care services within thirty miles of the residence of the child. (O.R.C. 3119.29(A)(4)).

Publicly funded health insurance such as CareSource or Molina does NOT constitute private health insurance.

If there is no private medical insurance available at a reasonable cost, the Obligor will be ordered to pay, in addition to the monthly child support amount, an additional monthly amount known as Cash Medical Support.  If the children are covered by publicly funded health insurance the cash medical support payments may be assigned to the State.

Child support orders must also include provisions for payment of the child/children’s medical expenses not otherwise paid for by insurance.  Typically this takes the form of an order that each parent pay a certain percentage of any such expenses.

Modification of Child Support Orders

Once established, a child support order may be modified.  Modifications are prospective in effect and retroactive modifications of support are not possible.

Administrative Modification of Child Support

The CSEA may administratively review and modify, if appropriate, an existing child support order – even one issued by the court.

Generally, an administrative review of child support by the CSEA may be conducted if it has been at least thirty-six (36) months since the most recent order was established or last modified.

Under certain circumstances an administrative review may be requested with less than thirty-six (36) months having passed since the most recent change to the order.  However, the person seeking the accelerated administrative review must prove that one of the special exceptions apply.

Judicial Modification of Child Support 

Either party to a court-issued or adopted child support order may seek a modification of the order through the filing of a motion to modify with the court.

The party seeking the modification has the burden to show that a substantial change in circumstances has occurred since the child support order was issued or last modified.

A substantial change in circumstances exists when the recalculated child support differs from the current child support order by more than 10%, or the current order does not adequately provide for the health care needs of the child/children, or when some unforeseen event occurs that renders the existing child support order no longer appropriate.

Enforcing Child Support Orders

Once a child support order is established, it is administered by the CSEA.

State law requires that payments of child support are made to the CSEA – not directly to the parent ordered to receive the support.  Payments made directly to the other parent are deemed to be gifts and not payment of support.

If an Obligor is employed, the CSEA will notify the employer to withhold child support from the Obligor’s wages and remit it directly to the CSEA for disbursement to the Obligee.  If an Obligor is not employed, the Obligor is responsible for self-paying on the obligation.  Alternatively, an Obligor may establish a bank account from which child support may be automatically deducted by the CSEA.

Failure to pay child support is a very serious matter.  Should an Obligor fail to pay child support timely and in full each month, the CSEA will take administrative enforcement actions such as:

• Suspension of Driver’s License, State issued Professional License, or Recreational License
• Interception of federal or state tax refunds
• Seizure of bank, investment, retirement, or other financial accounts.
• Placing of liens on real estate or personal property owned by the obligor
• Notifying the Federal Government to not issue, or not renew a previously issued passport
• Reporting the obligor to one or more credit reporting agencies

If administrative enforcement is not successful, the CSEA or obligee may file a civil contempt action with the court.

If the Obligor is found in contempt of court for failure to pay child support in compliance with the order, the Obligor may be sentenced to up to 90 days in jail and fined up to $1,000.00.  In egregious cases, the matter may be referred to the county prosecutor to consider criminal charges against the Obligor.