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CHILD SUPPORT

Child Support in the State of Ohio is calculated pursuant to Ohio Revised Code Section 3119.022 using a standardized worksheet and formula. 

 

The calculation takes into consideration the parties' gross annual income (considering compensation from all sources and any applicable business expenses), certain expenses for the children (such as annual cost of health insurance and child care expenses), the number of children born to the parties, and any other relevant support orders (spousal support or support orders for other children born to one party).

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An obligation for support of children generally remains until the children reach the age of 18 or graduate from high school, whichever is later. There are certain circumstances that extend the obligation of support beyond these general guidelines, such as the disability of a child, which an attorney can assist you with. 

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The Ohio Department of Job and Family Services Child Support Enforcement Division is charged with enforcement and collection of all child support orders.  Once an order of support is established either through administrative or court proceedings, a case will be opened and a caseworker will be assigned with the Child Support Enforcement Agency in your area.  Most support orders are collected through wage attachment with the obligor's employer remitting payment to the agency from the obligor's paycheck, which is then distributed by the agency to the obligee (recipient of support).  Any changes in residence or employment must be reported to the agency immediately to allow effective collection and enforcement of an existing order.

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WHY IS AN ATTORNEY NEEDED ON CHILD SUPPORT MATTERS?

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First of all, even though child support is calculated pursuant to a standardized worksheet, you have to make sure that the information being put into the formula is accurate. Attorneys can advise you as to whether a calculated amount of support is a fair amount of support based upon the circumstances of a given case. 

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Second, there are a number of statutory factors that can be used to adjust a support order calculated pursuant to the worksheet to result in a deviated amount being paid as and for support, which can be discussed with and argued effectively by an attorney.

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Third, as time passes, circumstances can change.  People can lose or change jobs, compensation can increase or decrease, insurance can either become available or unavailable, more affordable or not, and  some people who were once agreeable to a deviated child support order by agreement can suddenly find that the prior support order is no longer working because of the increasing demands of the children or changes to their own situation. An attorney can help parties navigate these alterations. 

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Finally, part of supporting children does not fall under the amounts calculated pursuant to the child support worksheet.  Children incur a number of expenses beyond those covered by monthly support, such as uncovered medical expenses, school fees, extracurricular activity expenses, there is the division of tax credits available to parents for their dependent children and even technology expenses.  An attorney can assist you in negotiating a division of these child related expenses. 

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The Law Office of Stacy E. Dame, LLC has experience in assisting clients establishing child support orders in divorce, dissolution, and custody proceedings, in helping clients modify child support in proceedings in both domestic and juvenile courts, and providing legal advice in enforcement proceedings or defending clients in contempt proceedings related to child related financial obligations. Contact us at 440-417-6495 to set up an appointment for a free consultation to see if we can assist you with your child support related matters.

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