New Reform Package BIll Will Change The Way Child Support Orders Are Calculated
Before June 29th, 2018, the state of Ohio’s formula used to calculate child support orders has not been reconfigured or changed since 1992. This has led to a massive amount (roughly more than a million dollars a year) of child support going uncollected and families in strife over trying to care for their children. Ohio House Bill 366 is a reform package that will change the way child support orders are calculated and is has just been signed by Governor Kasich. You might also hear it called Senate Bill 125, however it is the same bill as House Bill 366 with only minor technical changes that were made by the Senate.
For over a year, state Sen. Bill Beagle, R-Tipp City, and state Rep. Theresa Gavarone, R-Bowling Green, worked on this legislation. Beagle said child support reform is a complicated, emotional issue that eluded a fix for 25 plus years. House Bill 366 tries to balance concerns about fairness, collection rates and the well being of children, he said. He acknowledged that some families will see their child support orders reduced. “Our hope is by right-sizing the … Read More... “Ohio Law Will Overhaul the Entire Child Support System!”
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?