Child Support Archives - Ohio Family Law Blog

LEGAL ALERT: Expanding the Ohio ‘Castle Doctrine’ – Ohio HB338 Signed into Law!

Championing Change: How HB338 Expands the Ohio Castle Doctrine to Protect Disabled Children

On October 26, 2024, I posted a legal alert blog here, regarding pending Ohio Senate legislation focused on the Ohio Castle Doctrine expansion. Click here to read it. On Thursday December 19, 2024, Governor Mike DeWine signed HB338 into law. I wanted to share this excellent news on this important family law development!

The new law allows a court to issue or modify a child support order for the care of a child who is a person with a disability as part of a divorce/dissolution, regardless of whether the child is over the age of 18 when the parents” divorced. It clarifies a split amongst the Ohio appellate districts about whether a court can order child support if the child is over 18 but has had a disability since they were a minor (and are not self-supporting). It’s an extension of the current Castle doctrine. It is important to note that the new law does not require a court to issue an order, it just allows them to consider whether such an order would be equitable and appropriate.

How the Ohio Castle Doctrine Expansion Impacts Child Support

Updates on “Castle Child” Legislation in Ohio

Ohio Castle Child Legislation Updates for disabled adult child support rights

Defining “Castle Child” Status in Ohio Castle Child Legislation Updates

Key Changes in Ohio Castle Child Legislation Updates for Families with Disabled Adult Children

Brief Background:

40+ years ago I had the pleasure to become acquainted with Julie Castle, her Mother Carla and Uncle Charlie. Julie was was nearly 14 years old when her parents Carla and Don were divorced in 1977. Mom received custody and Father, a tool maker, chose to have little contact with Julie, in part because she was mentally and physically disabled and could be difficult to control. Julie received Supplemental Social Security income benefits and very minimal child support from her Father.

I got to know Julie and started representing her Mother when Father sought to terminate his support obligation as Julie approached 18, even though cognitively Julie was similar to a 5 or 6 year old and totally unable to ever take care of herself. That arduous litigation took us through the Montgomery County Domestic Relations Court several times, the Court of Appeals and finally the Ohio Supreme Court in the summer of 1984. In Ohio at that time, there was a common law duty for parents to support a disabled child.

Most Courts … Read More... “Updates on “Castle Child” Legislation in Ohio”

Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?

PUBLISHER’S NOTE: This blog about Ohio Civil Rule 75(N) temporary orders, is as meaningful today as it was when we originally posted it on May 8, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Should I Request Temporary Orders In My Divorce Case? What Are Ohio Civil Rule 75(N) Temporary Orders?

When going through a divorce in Ohio, understanding Ohio Civil Rule 75(N) temporary orders is crucial. It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that … Read More... “Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?”

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. … Read More... “The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes”

Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport

Child Support Arrearage Can Impact Travel Outside The Country

PUBLISHERS UPDATE: Here is one of my favorites posts about the U.S. Passport Denial Program from back on January 15, 2011! This U.S. government program is still going strong. Here is a link to their website to learn more. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Renewal Or Issuance Of A U.S. Passport May Be Denied If More Than $2,500 Is Owed In Child Support

Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport. Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and … Read More... “Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport”

Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read About This Special Reinstatement Program in August Only

August brings special program for Child Support Awareness Month

PUBLISHER’S UPDATE NOTE:

August is “child support awareness month.” On August 6, 2022, we alerted our readers about this special limited-time opportunity. It appears that the only new updates from last year are that more people are taking advantage of it.

In 2021, 44 people took advantage of it and $12,000 was collected. In 2022, 119 people took advantage of the reinstatement opportunity, resulting in more than $32,139 being collected. This is noteworthy opportunity to take advantage of if your driving privileges have been suspended for non-payment of child support!

**Special License Reinstatement Program to Run Through August**

Parents in Montgomery County who have had their drivers privileges suspended for not paying child support can take advantage of a special reinstatement program that is being offered during the month of August. August is Child Support Awareness Month, and the Montgomery County Child Support Enforcement Agency is giving parents with suspended licenses an opportunity to have the suspension lifted if the parent pays one month of back support. Usually in order to get the suspension lifted, the parent has to pay 3 months.

During the pandemic, many parents had financial difficulties … Read More... “Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read About This Special Reinstatement Program in August Only”

The Truths Behind Some Ohio Child Support Myths

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 … Read More... “The Truths Behind Some Ohio Child Support Myths”

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