The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes

Practical Advice for Parents Post-Ohio Supreme Court Ayers v Ayers Child Support Decision

What Legal Professionals Need to Know About the Ohio Supreme Court Ayers v. Ayers Child Support Decision

On May 15, 2024, the Ohio Supreme Court Ayers v. Ayers child support decision reversed the judgment of the Sixth Circuit Court of Appeals and remanded the issue to the trial court. The issue on appeal in the Ohio Supreme Court Ayers v. Ayers child support decision was whether the Court must infer that the domestic-relations court made a proper determination of a parent’s voluntary unemployment when it was silent in its decision on that issue, but nonetheless imputed potential income to a parent for the computation of child support.

It is rare that the Supreme Court of Ohio decides cases pertaining to matters of divorce and child support, making the importance of this decision noteworthy in the realm of Ohio Family Law.

Prior Requirements of Ohio Appellate Districts:

There are 12 appellate districts in Ohio. These districts have historically varied as to whether they require domestic relations courts to expressly include a finding of voluntary unemployment to impute income to that person when calculating child support in a divorce. This determination of voluntary unemployment or underemployment can dramatically affect the amount of child support ordered.

I have been practicing divorce and family law for over 40 years. Issues of voluntary unemployment and underemployment occur very frequently. The specific facts can be all over the place. But the legal basis to impute income is to make sure each parent is properly supporting their child based on their ability.

The law discourages a parent from quitting a job, or voluntarily reducing his/her income. If a parent does this, the court doesn’t have to put in zero income into the support calculations. Rather, it can “impute” an income amount that is equitable from minimum wage up to what the individual had previously earned before quitting.

Significance of the Ohio Supreme Court Ayers v. Ayers Child Support Decision

Imputation of potential income for calculation of child support, as highlighted in the Ohio Supreme Court Ayers v. Ayers child support decision, is a two-step process: Domestic-relations courts must first find that a parent’s unemployment is voluntary, and then they must determine the amount of potential income that will be imputed to that parent.

Some Ohio appellate districts have allowed for the inference of voluntary unemployment based on an imputation of potential income and discussion of the factors used to impute potential income under R.C. 3119.01(C)(17)(a)(i) through (xi). Other courts have required that domestic-relations courts must first make an explicit finding of voluntary unemployment prior to imputing potential income.

The future of imputing potential income in Ohio per the Ohio Supreme Court Ayers v Ayers Child Support Decision:

In Ayers v. Ayers, the Court held that a domestic relations court’s silence on the issue of voluntary employment when imputing potential income cannot establish an inference that the court properly determined whether unemployment was voluntary. Ayers v. Ayers, Slip Opinion No. 2024-Ohio-1833, 8.

Further, the Court notes that “precise wording [of a court’s determination that unemployment was voluntary] is inconsequential, but the domestic relations court’s order must clearly demonstrate a finding that a parent’s unemployment or underemployment is voluntary.” Id. at 11. The Ohio Supreme Court further indicated that findings pertaining to the establishment of a potential income do not necessarily also establish that the parent’s unemployment was voluntary. Id. at 11.

Generally, the Ohio Supreme Court Ayers v Ayers child support decision requires that domestic relations courts in Ohio explicitly make a specific finding of a parent’s voluntary unemployment or underemployment as a condition precedent to the imputation of potential income in cases involving the computation of child support. Id. at 12. To say this another way, before the court can impute income to a party, it must first determine if the person was responsible for his/her loss of income as well as what steps that individual has taken to gain comparable income. Click here to read the decision.

Discuss With Your Divorce Lawyer Early

If you are in a divorce or child support action where this type of an issue may be involved, be sure to discuss all the facts surrounding the reduction of income as well as the amount with your divorce lawyer early on, especially in light of the Ohio Supreme Court Ayers v Ayers child support decision.

We are Experienced, Trusted and Professional Dayton Divorce Lawyers

Do you need help with Ohio divorce, dissolution, or a support case? We can assist you immediately. To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom.

Tell Us About Your Case

PUBLISHER’S NOTE:

I want to thank Caroline Hauer, a soon to be second-year student at the University of Dayton School of Law, for writing and contributing this article. Caroline is clerking with Holzfaster, Cecil, McKnight & Mues this summer. You will be reading more from her in the weeks to come! Welcome to the HCM&M team, Caroline!

Please consider joining or following us!

• 
• 
• 
• 
• 

© 2024, Ohio Family Law Blog. All rights reserved.