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On July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule.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”
As a general rule, the payment of child support and visitation are two completely, separate issues in the eyes of the Court. Visitation rights are granted where it is in the “best interest of the child” to have such in place. They are not dependent upon the amount or payment of child support. Likewise, child support is determined according to the Child Support Guidelines and has very little to do with visitation. As a result, paying child support does not entitle a parent to visitation. And, if a parent has court-ordered visitation, it cannot be withheld because they have failed to pay their child support. However, in a recent case out of New York, the Appeals Court there held that support payments should have been suspended where the child was not required to abide by the ordered visitation schedule.
The State of Ohio has eighty-eight (88) counties and each county has a Child Support Enforcement Agency (“CSEA”) tasked with the collection of child support payments from Obligors (primarily Fathers and former Husbands). For many years, the Child Support Enforcement Agencies have been able to “intercept” Income Tax Refunds of Obligors having arrearages in their child Support Accounts. Recently, a new “weapon” has been added to the arsenal of the Child Support Agencies. They can now intercept racino or gambling winnings of Obligors who are behind with child support payments.
In a recent article published in The Journal of Marriage and Family, a study of the child support provided by approximately 400 low-income, non-residential fathers suggests that “in-kind” support, that is, support in the form of something other than money, is not typically considered even though it constitutes about one quarter of the total support given. Click 
Generally speaking, we as a society tend to be of the mindset that if you decide to have a child, then you should be the one to take care of it…period. In reality, however, the issue is not so cut and dry. Different circumstances and factors come into play which, in the end, can alter who ultimately provides for a child. Take, for example, adoption. While the adoptive parent is not the natural, he or she ultimately chooses to become the child’s caregiver and supporter. What should happen though, in a case where a person is not the biological parent and does not necessarily choose to be financially responsible for a child, as is often the case with step-parents? When a person with children from a previous relationship remarries, should the new step-parent be on the hook for child support even when their new spouse is not the primary caregiver?