Child Support Attorneys in Columbus, Ohio

Child support is a critical aspect of family law in Ohio, making sure that children receive the financial support they need to thrive after parents separate or divorce. However, child support can be complicated to understand because of the many factors involved. 

Our Columbus child support attorneys at Heckert & Moreland Co. LPA will answer your questions and provide the compassionate, personalized guidance you need to seek a successful outcome. Contact us today to get set up with an initial consultation.

Establishing Child Support

Child support orders can be established through various means, including:

1. Divorce Proceedings: During divorce, child support is typically addressed in the divorce decree.

2. Paternity Cases: If parents are unmarried, establishing paternity is the first step to determining child support. Once paternity is established, either parent can request a child support order.

3. Modification Requests: If circumstances change, either parent can petition the court to modify existing child support orders.

Calculating Child Support

Ohio uses a formula based on the income of both parents and the number of children to calculate child support obligations. The state employs a statutory guideline system to assure consistency and fairness in support amounts.

The Income Shares Model

Ohio utilizes the Income Shares Model for child support calculations. This model considers the income of both parents to determine the total amount of support needed for the child. The goal is to make sure that children receive the same proportion of parental income that they would have received if the parents lived together.

Key Components of the Calculation

1. Gross Income: The calculation begins with the gross income of both parents. Gross income includes wages, salaries, bonuses, overtime, self-employment income, rental income, and other sources of income.

2. Deductions: Certain deductions are allowed from gross income, including:

   • Taxes

   • Social Security

   • Mandatory retirement contributions

   • Health insurance premiums for the child

3. Combined Parental Income: The adjusted gross incomes of both parents are combined to determine the total income available for child support.

4. Basic Child Support Schedule: Ohio provides a basic child support schedule that outlines the amount of support based on combined income and the number of children. This schedule is used to determine the basic support obligation.

5. Additional Expenses: Beyond the basic support amount, the court may also consider extraordinary expenses, such as:

   • Childcare costs

   • Medical expenses not covered by insurance

   • Educational expenses

   • Special needs expenses

Adjustments to Support Payments

In certain situations, the basic support obligation may be adjusted based on various factors:

• Shared Parenting: If parents share custody, the support amount may be reduced.

• Overnights with Each Parent: The number of nights a child spends with each parent can influence support calculations.

• Income Changes: Significant changes in either parent's income may prompt a re-evaluation of support obligations.

Enforcing Child Support Orders

Enforcement of child support orders is crucial to make sure that children receive the financial support they need. Ohio employs several methods to enforce child support payments.

Enforcement Mechanisms

1. Income Withholding: The most common enforcement method is income withholding. This allows for automatic deductions from the paying parent's paycheck to assure timely payments.

2. Tax Refund Interception: Federal and state tax refunds of the non-compliant parent may be intercepted to apply toward past-due child support.

3. License Suspension: Failure to pay child support can result in the suspension of the non-paying parent's driver's license, professional licenses, or other permits.

4. Contempt of Court: If a parent consistently fails to pay child support, the custodial parent may file a motion for contempt of court, which can lead to penalties, including fines or even jail time.

5. Judgment Liens: Unpaid child support can be converted into a judgment lien against the non-paying parent’s property, which can complicate future sales or transfers of the property.

Modifying Child Support

Changes in circumstances can necessitate a modification of child support orders. Ohio law allows for modifications under specific conditions.

Grounds for Modification

Common reasons for requesting a modification include:

1. Change in Income: If either parent experiences a significant change in income (increase or decrease), they may seek a modification.

2. Change in Employment: Losing a job or starting a new job with different pay can be grounds for modification.

3. Change in Living Situation: Changes in a parent's living situation, such as remarriage or moving, can impact child support obligations.

4. Changes in the Child's Needs: If the child's needs change significantly (such as medical expenses or educational costs), this may also warrant a modification.

Process for Modification

To modify child support in Ohio, the requesting parent must file a motion with the court. This motion should outline the reasons for the requested modification and provide supporting evidence. The court will then schedule a hearing to review the case and make a determination.

Child Support and Shared Parenting

Shared parenting arrangements, where both parents share custody and responsibilities, can impact child support calculations. In such cases, the court takes into account the time each parent spends with the child and their respective financial responsibilities.

Shared Parenting Agreements

Parents may enter into shared parenting agreements, outlining custody arrangements and responsibilities. These agreements must be approved by the court, which will make sure that they serve the child's best interests.

Calculating Support in Shared Parenting

In shared parenting situations, the court uses the same income shares model but may adjust the basic support obligation based on the number of overnights the child spends with each parent. The goal is to assure a fair distribution of financial responsibilities.

Child Support for Special Needs Children

When a child has special needs, the financial requirements for support may differ from those of typically developing children. In Ohio, courts recognize the necessity of providing adequate support for children with disabilities or special needs.

Extended Support Obligations

Parents may be required to provide support beyond the age of 18 for children with special needs who can't become self-sufficient. This can include ongoing medical care, therapy, and other necessary expenses.

Evaluating Special Needs

When determining child support for a special needs child, the court will consider various factors, such as:

• The specific needs of the child.

• The cost of medical care and therapy.

• The availability of public assistance programs.

• The earning potential of the child as they transition to adulthood.

The Importance of Child Support Attorneys

Working through child support issues can be complicated, making legal representation invaluable. Child support attorneys in Ohio can provide guidance through the child support process, making sure that clients understand their rights and obligations.

Benefits of Hiring a Child Support Attorney

1. Experience in Child Support Law: Child support attorneys are knowledgeable about Ohio's child support laws and can offer knowledge about specific cases.

2. Assistance with Documentation: Legal representation helps make sure that all necessary documents are filed correctly and on time.

3. Advocacy in Court: An attorney can advocate for a client's interests in court, whether establishing, modifying, or enforcing child support.

4. Mediation and Negotiation: Skilled attorneys can assist in negotiating settlements and reaching amicable agreements between parents.

Child support is a vital component of family law in Ohio, designed to make sure that children receive the financial support they need to thrive after the separation of their parents. Understanding the law, calculation methods, enforcement processes, and avenues for modification is essential for parents handling this complicated area of law.