Ohio Child Support: 8 Common Myths Debunked
Most parents are familiar with the concept of child support. Nonetheless, there are many myths and inaccuracies people believe to be true that are in fact false. If you pay or receive Ohio child support, you should take the time to learn the truth! Here are some common myths about the payment of child support in Ohio.
MYTH #1. ONLY FATHERS CAN BE REQUIRED TO PAY CHILD SUPPORT.
Both parents in Ohio have an obligation to support their children. There are many situations where mothers in Ohio are ordered to pay child support.
MYTH #2. THE CHILD’S NEEDS DETERMINES THE AMOUNT OF CHILD SUPPORT.
Child support in Ohio is generally calculated based on gross incomes of the parties, number of children, daycare or childcare expenses, health insurance costs, and the amount of time each parent spends with the child. The child support guidelines in Ohio are not uniform with those in other states. In addition to these factors, the court may consider any unusual needs of your children. The guideline calculations are a starting point in determining Ohio child support. They are not absolute amounts for each and every case. Unusual or unique circumstances and expenses can factor into a proper calculation which is in the child’s best interest.
MYTH #3. NO PARENTING TIME = NO CHILD SUPPORT TO BE PAID.
This is a hugely popular misconception. Parenting time and child support are two completely separate matters. One does not influence the other. For example, not being able to see a child does not excuse an individual of his/her legal obligation to support a child. The corollary is also true if you receive child support that doesn’t necessarily mean that parenting time will be ordered-it all depends on the best interest of the child. Does the Obligor have a criminal record, addiction issues, or is otherwise unsafe for the child to visit with?
MYTH #4. CHILD SUPPORT PAYMENTS SHOULD COVER THE CHILD’S ACTUAL EXPENSES.
Child support orders are issued to help cover the costs of raising a child even if the parents aren’t living together. The cost of raising a child is high. Child support may be used both to cover a child’s basic needs but also to maintain a roof over their head. See number 7 below. Absent extreme circumstances, an Ohio child support obligor does not have a legal right to require the residential parent to provide a financial accounting demonstrating how each child support dollar was spent.
MYTH #5. CHILD SUPPORT CAN NOT BE CHANGED:
Under Ohio law the court retains continuing jurisdiction to modify the child support obligation based on a significant change in the financial circumstances of the parties. It is incorrect to believe that Ohio child support amount is “carved in stone”. Changed circumstances, such as incomes of the parties, number of children, etc. may cause the child support amount to increase or decrease.
MYTH #6. THE CHILD’S SUPPORT OBLIGATION ENDS AT AGE 18.
In Ohio child support ends typically when the child reaches age 18 or graduates high school, whichever comes first. However in cases where the child is disabled before age 22 or not able to care for themselves, the parental support obligation may continue indefinitely. There are some specific legal requirements necessary to preserve and extend the child support obligation beyond the child’s age of majority. To learn more, click here to view Ohio Revised Code Section 3119.86(1)(a)(b) or contact an experienced divorce lawyer. This can be tricky!
MYTH #7. ALL CHILD SUPPORT MUST BE SPENT ON THE CHILD.
Not true. Besides being spent for the child’s basic needs it can also help cover housing expenses, utilities, transportation, or other living expenses that promote the child’s welfare. Some parents have a mistaken belief that child support must only be used for the child’s basic needs such as food and clothing. In fact in can be used towards household expenses that are part of everyday living costs that help maintain the home where the child is living.
MYTH #8. IF A PARENT MOVES OUT OF OHIO, THEY NO LONGER NEED TO PAY CHILD SUPPORT.
Not true. A child support obligation continues and follows the Obligor parent wherever they move, whether out of state or out of the country.
CONCLUSION:
The Ohio child support laws can be complicated and there application can vary on a case-by-case basis and from county to county. Getting the correct answer to these questions can make a large difference in money paid or received! If you have questions contact an experienced and knowledgeable divorce lawyer in your area.
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At Holzfaster, Cecil, McKnight & Mues, located in Dayton, Ohio, top-notch family law and divorce representation is provided by our experienced divorce lawyers! To learn more, go to our website at www.hcmmlaw.com. Or, please contact us at (937) 293-2141 to schedule an appointment for an initial consultation which can be conducted either by phone or in person.
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
