Child Support – Page 2

What counts as income for child support in Ohio?

February 14, 2011

This article is written by Virginia Cornwell, an Ohio Child Support Attorney and Ohio State Bar Association Certified Family Relations Specialist.

People often want to know what counts as income according to the Ohio child support guidelines worksheet. There are a lot of myths bouncing around about what does and does not count as income. Ohio Revised Code 3119.01 gives the definition of gross income that the law requires your county Child Support Enforcement Agency (CSEA) or the Court to use when they figure out how much child support you will owe or receive. That statute says that the following things DO count as income for Ohio child support:

salaries
wages
overtime pay, bonuses and commission ( the SMALLEST NUMBER of the two following must be used: the yearly average of all overtime, commissions and bonuses for the last three years OR the total overtime, commissions and bonuses received during the year before the year when the child support obligation is being calculated.)

CALL NOW at (614) 225-9316

royalties
tips
rents
dividends
severance pay
pensions
interest
trust income
annuities

CALL NOW at (614) 225-9316

social security benefits, including retirement, disability, and survivor benefits that are not means-tested
workers’ compensation benefits
unemployment insurance benefits
disability insurance benefits
benefits that are not means-tested and that are received by and in the possession of the veteran who is the beneficiary for any service-connected disability under a program or law administered by the United States department of veterans’ affairs or veterans’ administration
spousal support actually received
all other sources of income.
For members of any branch of the United States armed services or national guard:

CALL NOW at (614) 225-9316
- base pay
- basic allowance for housing (BAH). This replaced basic allowance for quarters (BAQ) and variable housing allowance (VAH) in 1998.
- basic allowance for subsistence (BAS)
- family supplemental subsistence allowance (FSSA)
- cost of living adjustment
- specialty pay
- variable housing allowance

CALL NOW at (614) 225-9316

pay for training or other types of required drills;

self-generated income (self-employed or business owner)

potential cash flow from any source

It is important to note that the things listed here count as income for Ohio child support purposes, even if they are not taxed as income by the IRS.

DISCLAIMER – Read it, it’s important stuff!

How do I pay my child support? Where do I send the check?

November 19, 2010

This post is going to be short and sweet, because the state of Ohio has already done all the work for you on this one. If for some reason your child support is not being withheld properly, if you need to make an additional payment to get caught up, or if getting your wage or bank account withholding is taking too long, you can pay your Ohio child support by clicking here and following the directions on the page. If you still have questions about how to pay your child support, please check out our other child support resources and articles. If you need the address to mail a check, here it is:

Ohio CSPC
P.O. Box 182372
Columbus, OH 43218-2372

DISCLAIMER

Lost your Job? Need Your Ohio Child Support Lowered? Here’s what you need to know.

March 1, 2010

Ohio child support information from a Columbus, Ohio Child Support Attorney.

CHILD SUPPORT MODIFICATION AMIDST THE CURRENT ECONOMIC TURMOIL

It’s no secret that the U.S. and Ohio economies are struggling and that people are losing their jobs. Your child support order was based on your income at the time it was entered, so what happens when you suddenly find yourself unemployed, facing a factory or plant shut-down, or a reduction in pay?

1. Unemployment – If you find yourself laid off or unemployed, beyond your own control, then you may request an Administrative Review of your child support order. Your unemployment must continue for at least thirty days, then you may file a Request for an Administrative Review of the Child Support Order with your Child Support Enforcement Agency, or CSEA. Along with the Request form, you must submit relevant evidence of your change of circumstances, including any evidence that the unemployment was beyond your control, to your CSEA.

In Franklin County, once your Request has been received by the CSEA, packets will be mailed out to both parents. These packets are to be completed within 45 days with the current employment information, salary, etc for each parent. The actual review will be conducted by your Support Officer without the parents present. The recommendation will be mailed out and the parents will have 14 days to file an objection. If no objection is filed, then the recommendation will be adopted and your support order will be adjusted. If an objection is filed by either parent, the CSEA will schedule an Administrative Hearing. The parents will have an opportunity to present their case for or against a modification during the Hearing. A written Administrative Hearing decision will be mailed to the parents and they will have another 14 days to appeal the Hearing decision. If an appeal is filed, then the issue of child support modification will be transferred to the Court and the Child Support Enforcement Agency will no longer be part of the process.

You can find the Franklin County Child Support Enforcement Agency’s Request for an Administrative Review at the following link: http://support.franklincountyohio.gov/assets/forms/modification-review-request.pdf

A helpful FAQ can be found on the Franklin County Child Support Enforcement Agency’s website:

http://support.franklincountyohio.gov/client-services/support-order-modification.cfm

2. Factory or Plant Shut-Down – If you find that you are unemployed after a shutdown or mass layoff at your factory or plant, you may be able to file a Request for an Administrative Review of your child support obligation. This type of Request for an Administrative Review may be made after your last day of employment. You must also be able to provide a copy of the notice of the mass-layoff or shutdown to the CSEA.

The process for an administrative review of your child support order under these circumstances will be the same as the process detailed in the previous section.

You can find the Franklin County Child Support Enforcement Agency’s Request for an Administrative Review at the following link:

http://support.franklincountyohio.gov/assets/forms/modification-review-request.pdf

The CSEA will refer to the Worker Retraining and Adjustment Act to determine the definitions of mass-layoff and shutdowns. More information on the Worker Retraining and Adjustment Act can be found at:

http://www.dol.gov/compliance/laws/comp-warn.htm

3. Reduction in Pay – If you find that your pay has been reduced by 30% or more, you may be able to file a Request for an Administrative Review or your child support obligation. This type of request for an Administrative Review requires that your gross income has been reduced by 30% or more, the reduction was beyond your control, that the decrease in gross income has existed for at least six months, and that the decrease is expected to continue for an extended period of time.

The process for an administrative review of your child support order under these circumstances will be the same as the process detailed in the previous section.

You can find the Franklin County CSEA Request for an Administrative Review at the following link:

http://support.franklincountyohio.gov/assets/forms/modification-review-request.pdf

DISCLAIMER

How a court decides whether your Ohio child support should be higher or lower than the child support guidelines amount.

November 19, 2009

An Ohio Child Support Attorney article about deviations from the Ohio child support guidelines amount.

Notice I said COURT, not Child Support Enforcement Agency, or CSEA. That is because the CSEA does not have the LEGAL AUTHORITY to issue a child support order for more or less than the statutory child support guidelines amount, unless the parties agree. In contrast, when the Court makes a child support award, the Court may order a child support amount which is higher or lower than the guidelines amount. Ohio Revised Code 3119.23 sets forth the situations in which a court may consider raising or lowering child support from the guidelines amount. Click here for the most current version of 3119.23.

The court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:

(A) Special and unusual needs of the children;

(B) 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;

(D) 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;

(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family;

(F) The financial resources and the earning ability of the child;

(G) Disparity in income between parties or households;

(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;

(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;

(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;

(K) The relative financial resources, other assets and resources, and needs of each parent;

(L) 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;

(M) The physical and emotional condition and needs of the child;

(N) 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;

(O) The responsibility of each parent for the support of others;

(P) Any other relevant factor.

DISCLAIMER

Supreme Court of Ohio Makes Landmark Child Support Decision: Retroactive Arrearage Modification Not Prohibited By Ohio Law

December 16, 2008

A Columbus Ohio Step-Parent Adoption Attorney Article about child support arrearages and how it can be an issue in Step-Parent Adoption.

On December 11, 2008, in a unanimous decision, the Supreme Court of Ohio decided that parties to a support order may modify child support by agreement. In Byrd v. Knuckles, the Supreme Court of Ohio held that nothing in Ohio Revised Code 3119.83 or 3119.84 prohibits a juvenile court from adjusting an existing arrearage in child support if the parties agree to do so.

In this case, as part of an agreement to consent to a step-parent adoption, the Mother agreed that the Father’s child support arrearage would be reduced by 50%. After the adoption was completed, the Father attempted to have his child support arrearage reduced pursuant to this agreement, and the Court found that it had no authority to reduce this arrearage under Ohio Law. This matter was appealed, and then brought before Supreme Court of Ohio. For a summary of the Ohio Supreme Court’s opinion, click here.

The Supreme Court noted that this decision does not mean that a court MUST accept a parties’ agreement to reduce a prior arrearage, but that a court is not prohibited from doing so pursuant to Ohio Law. As in this case, this issue is particularly relevant where one party is willing to sign away their legal rights in order to be released from future, and possibly past child support obligations. For more information on relinquishing parental rights, click below.

https://cornwell-law.com/07/can-i-just-sign-away-my-rights-to-my-child/

DISCLAIMER