Child Support Archives - Page 3 of 7

If You Owe Support, You May be Denied a Passport!

What Can I Do If I Am Ineligible For A U.S. Passport Due To Unpaid Child Support?

The Passport Denial Program is a federal enforcement tool, codified in Ohio law, which is designed to bring obligors who are in legal default on their support obligations back into compliance.

If you owe $2,500 or more in child support, spousal support for the parent with whom the child is living, or medical support, then you will not be eligible to receive a U.S. passport and will be placed on the Passport Denial list .

What do I do if I have already applied for my passport and my passport application has been denied?

If you have already attempted to apply for a passport, you will need to make arrangements to pay your support arrears. Once you make arrangements to pay your support arrears, then the state agency in which you paid the arrears to will report to the U.S. Department of Health and Human Services (“HHS”) that you have made acceptable payment arrangements.

HHS will then remove your name from their list and report this information to the U.S. Department of State (“DOS”), which is a process that may take … Read More... “If You Owe Support, You May be Denied a Passport!”

What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?

child support obligation separation agreement spousal support

Child Support Obligation In Ohio If Ex-Spouse Dies

Secure Your Child Support Obligations Through Life Insurance? – The Pros And Cons To Consider

Imagine your ex-husband or ex-wife is ordered to pay $800 a month in child support for your one child, Amy, and Amy just turned ten years old at the beginning of the month. This would mean that your ex-partner would still owe approximately $76,800 more in child support [($800 per month x 12 months) x (approximately 8 more years until emancipation) = $76,800].

Now imagine the same scenario, but that your ex-partner just passed away yesterday.

In scenario one, you did not secure the child support obligation and Amy is no longer entitled to the $76,800 in child support that would have been to her benefit.

In scenario two, you and your ex-partner elected to secure the child support obligation by naming you or Amy as the beneficiary of your ex’s life insurance policy. Now, you and Amy will receive the much needed $76,800 in order to provide financially for Amy.

As you can see, not securing a child support obligation can result in a hefty loss of money that may be needed in … Read More... “What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?”

LEGAL ALERT: Can your failure to pay child support impact your right to withhold consent for the adoption of your child in Ohio?

Ohio Courts Rule On Adoption Case Involving Consent And Child Support

On February 26, 2020, the Ohio Supreme Court came out with the decision, In re Adoption of A.C.B., Slip Opinion No. 2020-Ohio-629, where the Court held a non-custodial parent’s consent to the adoption of his child is not required when the parent failed, without justifiable cause, to comply with the child support obligations of a judicial decree.

What happened in the case with child support?

A.C.B.’s parents’ settlement (separation) agreement awarded sole custody to A.C.B.’s mother and ordered the father to pay $85 per week in child support. After leaving the United States to return to Kosovo, the father made sporadic child-support payments that diminished over time.

Two years later, A.C.B.’s mother reached out to the father, asking for his consent for her new husband (“stepfather”) to adopt A.C.B., but the father refused. A couple years later, the stepfather filed a petition to adopt A.C.B., arguing that the father’s consent was not required because the father failed to provide support as required by the judicial decree for the year prior to adoption petition.

The probate court held a hearing where it determined that the father … Read More... “LEGAL ALERT: Can your failure to pay child support impact your right to withhold consent for the adoption of your child in Ohio?”

Keep Your 2019 Calendar if You Might be Divorcing…

Can A Past Calendar Of Daily Events Make All The Difference In Divorce Cases?

Don’t Throw Away Calendar From The Past. Document Of Events Can Be Important In Divorce And Custody Issues

It’s a new year. Out with the old and in with the new! The New Year’s Eve party blowers and hats are put away and you are ready to start a fresh new year. Getting organized is a priority for many. If you are like me you have had your calendar for the upcoming year purchased in November and have been diligently recording doctors appointments as well as other upcoming events.

So, it just makes sense to throw away that calendar from the past year. But wait! If you are in the midst of a divorce, or even contemplating if that’s a road you are going to take, getting rid of the previous calendar is a huge mistake. After all it is basically a documented story of your and your family’s daily life.

In a divorce proceeding, especially if there may be custody issues, you will be asked to reproduce your children’s past events, such as health history, sports events, other activities they are involved in, as … Read More... “Keep Your 2019 Calendar if You Might be Divorcing…”

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

Under the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute. This leads to what us lawyer types call ‘confusion’.

To sort through the statute, the Supreme Court looked at the specific case before them. In this case, Mother had primary custody and sought a … Read More... “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

Can I Demand Proof Where my Ex Spends the Child Support I Pay?

Can A Parent Request Accounting Of The Child Support Expenses?

This is a frequent question that I hear as a Dayton, Ohio, divorce lawyer. In Ohio, the short answer is “no” as long as the child’s basic needs are being taken care of. There are a few states (such as Washington) which allow for a parent to request an accounting of the child support expenditures.

In most states there is a common misconception that child support must be spent on things that ONLY benefit the child only. In Ohio, child support may be used to pay for a very broad range of expenses including:

Food
Clothing
Mortgage/rent of the home where the child lives
Utility bills, internet, cell phones
Medical expenses
Transportation and vehicle costs (including gas, auto insurance and car repairs)
Childcare/babysitters/camp costs/sports/extracurricular activities
School fees and supplies
Entertainment for the child
Any miscellaneous expenses that contribute to the general welfare of the child.

Does the Custodial Parent need to Account for the Support Money?

This is a corollary question to the one above. The general answer in Ohio is “no”. Nonetheless, if this issue is raised, it would be prudent to look back over the past month or … Read More... “Can I Demand Proof Where my Ex Spends the Child Support I Pay?”

New Child Support Guidelines in Ohio Take Effect on March 28, 2019

These Are The Changes To The New Law You Should Know About. But Does It Effect Child Support And Parenting Time?

On July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule. Our current law has been in place for 25 years! Here is the link to that article.

The new law, which becomes effective on March 28, 2019, is quite complicated and a substantial change in many areas. Like many Ohio divorce lawyers, I am learning its implications and training staff with these changes. Our firm has installed the new specialized computer software needed to properly calculate child support. I have even compared a few scenarios with the schedules anyone can find online. I can tell you that those free schedules do NOT include certain adjustments that can dramatically affect the outcome.

If, after looking at the summary I have attached, you have questions I would strongly suggest that you contact an experienced family law attorney where your Order was issued to recalculate the support. This new law does not automatically change any existing support Orders whether they … Read More... “New Child Support Guidelines in Ohio Take Effect on March 28, 2019”

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