Ohio Child Support Order

An Ohio child support order represents a legally binding court directive or administrative determination requiring a parent to provide financial support for their child. These support orders ensure children receive the financial resources necessary for their wellbeing, regardless of their parents' relationship status. Ohio's child support system, administered by the Ohio Department of Job and Family Services and local Child Support Enforcement Agencies (CSEAs) in each county, provides comprehensive services including establishing parentage, creating support orders, collecting payments, and enforcing compliance. Understanding how Ohio calculates, modifies, and enforces child support orders helps parents navigate this essential aspect of family law and ensures children receive the support they deserve.

How Ohio Calculates Child Support

Ohio child support orders are calculated using a standardized formula based on the Income Shares Model, which considers the combined income of both parents and allocates support obligations proportionally. This approach recognizes that children should receive the same proportion of parental income they would have received if their parents lived together. The Ohio Department of Job and Family Services creates and maintains the basic child support schedule used by all Ohio courts and child support enforcement agencies when calculating support amounts.

The basic child support schedule consists of a table with guideline income amounts ranging from $8,400 to $300,000 in combined annual income, with columns for one through six or more children. Courts and agencies use this schedule along with the applicable worksheet to determine each parent's support obligation. The amount calculated using the schedule and worksheet is presumed to be the correct child support amount, though this presumption can be rebutted under specific circumstances.

Income Calculation Components

When calculating an Ohio child support order, courts and CSEAs must determine each parent's income from all sources:

• Gross income includes:  Wages, salaries, overtime pay, bonuses, commissions, tips, rents, dividends, severance pay, pensions, interest, trust income, annuities, Social Security benefits, workers' compensation, unemployment benefits, disability insurance, spousal support actually received, and self-generated income
• Military income includes:  Base pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), supplemental subsistence allowance, cost of living adjustment, specialty pay, and training pay
• Self-employment income:  Gross receipts minus ordinary and necessary expenses, including expense reimbursements and in-kind payments that reduce personal living expenses
• Potential income:  Imputed income for voluntarily unemployed or underemployed parents based on earning capacity, education, work history, and job availability

Gross income does not include means-tested government benefits (Ohio Works First, Supplemental Nutrition Assistance Program, Supplemental Security Income), child support received for other children, mandatory union dues, or adoption assistance and foster care payments. Courts verify income through tax returns, pay stubs, employer statements, and supporting financial documentation.

The Child Support Worksheet Process

Ohio law requires courts and child support enforcement agencies to use standardized worksheet forms when calculating child support obligations. The Ohio Department of Job and Family Services adopts these worksheet forms and instruction manuals, which must be used in all cases to ensure consistency and compliance with federal requirements.

The worksheet guides users through a step-by-step calculation process that accounts for both parents' incomes, number of children, health insurance costs, work-related childcare expenses, and other relevant factors. The calculation begins by determining each parent's annual gross income, then makes adjustments for spousal support paid, support obligations for other children, and other allowable deductions. The adjusted incomes are combined to establish the total income available for child support.

Using the combined income figure, courts or agencies consult the basic child support schedule to find the basic child support obligation corresponding to that income level and number of children. This base obligation is then allocated between the parents according to their income shares, the percentage each parent's income represents of the combined total. Additional calculations account for health insurance premiums, work-related childcare costs, and cash medical support.

Key Worksheet Adjustments

Several important adjustments affect the final Ohio child support order amount:

The self-sufficiency reserve represents a critical protection ensuring the obligor parent retains sufficient income to meet basic living expenses. When a parent's income falls within this reserve (116% of the federal poverty level), the worksheet calculation applies special formulas that may reduce the support obligation below what the standard schedule would require.

Minimum Child Support Requirements

Ohio law establishes a minimum child support amount of $80 per month for all children subject to an order, regardless of the obligor's income level. This minimum applies even when the standard calculation would result in a lower amount or when the obligor has very limited income. Courts and child support enforcement agencies must order this minimum unless specific circumstances justify a lower amount or no support obligation.

Courts and agencies have discretion to order less than the $80 monthly minimum or to order no child support in appropriate circumstances. These circumstances include the obligor's medically verified or documented physical or mental disability, institutionalization in a mental health facility, or other situations the court or agency considers appropriate based on the obligor's inability to pay.

Special Rules for Low-Income Obligors

When an obligor receives means-tested public assistance (Ohio Works First, Disability Financial Assistance, Supplemental Security Income, or means-tested veterans' benefits), special rules apply to minimum child support orders:

• Obligation suspension:  The current obligation to pay support is suspended during periods when the obligor receives means-tested assistance and complies with seek-work orders
• Arrearage accrual:  Unpaid support continues accruing as arrearages month to month during suspension periods
• No enforcement during assistance:  Courts, obligees, and CSEAs cannot enforce payment while the obligor receives assistance and complies with work requirements
• Resume upon termination:  Support obligation resumes when the obligor stops receiving means-tested assistance

This framework recognizes that obligors receiving minimal public assistance lack resources to pay child support while simultaneously encouraging compliance with work-seeking requirements that can lead to employment and restored ability to pay.

Deviations from the Standard Calculation

While Ohio's child support schedule creates a presumption that the calculated amount is correct, courts can deviate from the guideline amount when applying it would be unjust or inappropriate and not in the child's best interest. Child support enforcement agencies, however, cannot grant deviations; only courts have this authority.

When deviating from the guidelines, courts must enter specific findings in the journal entry explaining the calculated guideline amount, the determination that this amount would be unjust or inappropriate, and the facts supporting the deviation. This requirement ensures courts provide reasoned explanations for departing from the standardized calculation.

Common Deviation Factors

Ohio Revised Code Section 3119.23 identifies factors courts may consider when determining whether to grant deviations:

• Special needs of children:  Physical or psychological conditions requiring extraordinary care or expense
• Extended parenting time:  Costs associated with parenting time significantly exceeding 90 overnights per year
• Extraordinary travel expenses:  Unusually high costs for exchanging children for parenting time across long distances
• Financial resource disparity:  Significant income differences between households affecting children's standard of living
• Low-income obligee:  When obligee's income equals or falls below 100% of federal poverty level
• Remarriage benefits:  Economic advantages either parent receives from remarriage or cohabitation
• In-kind contributions:  Direct payments for children's lessons, equipment, schooling, or clothing
• Educational opportunities:  Maintaining educational standards children would have enjoyed if family remained intact
• Extraordinary childcare costs:  Expenses exceeding state maximum for children with specialized needs
• Tax consequences:  Actual or estimated federal, state, and local taxes affecting disposable income

Courts must balance these factors against the best interests of the child when deciding whether the guideline amount should be adjusted upward or downward.

Parenting Time Adjustments

Ohio law provides specific adjustments to child support obligations when parents share significant parenting time with their children. These adjustments recognize that parents exercising substantial parenting time incur direct costs for the children during that time, justifying some reduction in support payments.

When court-ordered parenting time equals or exceeds 90 overnights per year, the annual child support obligation automatically reduces by 10% unless the court determines this reduction is inappropriate. This adjustment applies in addition to any other deviations the court may grant based on factors listed in Ohio Revised Code Section 3119.23.

If court-ordered parenting time equals or exceeds 147 overnights per year (approximately 40% of the year), courts must consider granting additional deviation beyond the 10% reduction. If the court decides not to grant additional deviation despite this significant parenting time, it must specify in the order the facts supporting its decision not to deviate.

Parenting Time Impact on Support:

• Less than 90 overnights:  No automatic adjustment; standard calculation applies
• 90+ overnights:  Automatic 10% reduction in annual obligation unless court finds inappropriate
• 147+ overnights:  Court must consider additional deviation beyond 10%; must explain if not granted
• Failure to exercise time:  Court may eliminate adjustment if obligor fails without just cause to exercise court-ordered parenting time

These parenting time adjustments help ensure child support orders reflect the reality that both parents bear direct costs when caring for children during their parenting time, while still maintaining adequate support for the children's needs.

Healthcare and Medical Support

All Ohio child support orders must include provisions for children's healthcare coverage and payment of medical expenses. These provisions ensure children maintain health insurance and that parents share responsibility for medical costs not covered by insurance.

Courts and child support enforcement agencies must determine which parent should provide health insurance coverage for the children. The obligee (parent receiving support) is presumed to be the appropriate parent to provide coverage unless this presumption is rebutted. Factors supporting the designation of the obligor as the insurance provider include the obligor already having coverage for the child, the ability to obtain coverage at reasonable cost through employment, or the obligee being a non-parent caretaker with no duty to provide medical support.

Healthcare Coverage Requirements

Health insurance coverage must meet specific standards to satisfy support order requirements:

• Reasonable cost:  Premium cost cannot exceed 5% of the providing parent's annual gross income
• Accessibility:  Coverage must provide primary care services within 30 miles of the child's residence
• Private insurance:  Publicly funded coverage (Medicaid, CareSource, Molina) does not constitute private health insurance for this purpose

When private health insurance is not available at reasonable cost to either parent, the Ohio child support order must include cash medical support, a monthly amount the obligor pays toward ordinary medical expenses in addition to the basic support obligation. This cash medical support amount is calculated based on national medical expenditure data and is split between parents according to their income shares.

Child support orders must also allocate responsibility for extraordinary medical expenses, uninsured medical costs exceeding the total annual cash medical support amount. These expenses typically include orthodontia, dental, optical, and psychological services not covered by insurance. Orders specify a formula for sharing these costs, usually based on each parent's income share.

Modification of Support Orders

Ohio child support orders can be modified when circumstances change after the order is established. Both administrative modifications (conducted by CSEAs) and judicial modifications (conducted by courts) are available, depending on the type of order and the nature of changes.

Administrative Review and Modification

Child support enforcement agencies may administratively review and modify existing support orders, including court-issued orders, under certain circumstances. Generally, administrative review can occur every 36 months from the date the order was last established or modified. Accelerated review (before 36 months) is available when special exceptions apply, such as significant income changes or changes in healthcare coverage.

The CSEA conducts the review by requesting financial information from both parents, calculating a revised support amount using current income information and the basic child support schedule, and comparing the recalculated amount to the existing order. If the recalculated amount differs from the current order by more than 10%, or if healthcare needs aren't being adequately met, the CSEA may proceed with modification.

For administrative child support orders, the CSEA can directly issue a modified order after providing notice and opportunity for an administrative hearing. For court child support orders, the CSEA calculates the revised amount and submits it to the court for inclusion in a modified order, unless parties request hearings to contest the revision.

Judicial Modification

Either parent can file a motion with the court requesting modification of a court-issued support order. The party seeking modification must demonstrate a substantial change in circumstances since the order was issued or last modified. Changes qualifying as substantial include:

• Income change:  Recalculated support differs from the current order by more than 10%
• Healthcare inadequacy:  Medical needs are not being met due to inadequate coverage
• Unforeseen events:  Circumstances not contemplated when the order was issued that render it inappropriate

Courts recalculate support using current income information and the basic child support schedule. If modification is granted, the revised support amount typically becomes effective the first day of the month following filing of the modification motion, ensuring changes apply prospectively rather than retroactively.

Enforcement of Support Orders

Ohio law provides multiple enforcement mechanisms ensuring obligors comply with child support orders. Child support enforcement agencies have the authority to use administrative enforcement tools, while courts can impose civil contempt sanctions for willful failure to pay.

All child support payments must be made through the Ohio Department of Job and Family Services, not directly to the obligee. Payments made directly to the other parent are deemed gifts rather than support payments and don't satisfy the support obligation. This centralized payment system ensures accurate tracking of all payments and simplifies enforcement when obligors fall behind.

Administrative Enforcement Actions

When obligors fail to pay child support timely and in full, CSEAs can take various administrative enforcement actions:

• Income withholding:  Automatic deduction from wages, with notice sent to employers requiring withholding and remittance to the state
• License suspension:  Suspension of driver's licenses, professional licenses, and recreational licenses for obligors in arrears
• Tax refund interception:  Seizure of federal and state tax refunds to satisfy past-due support
• Financial account seizure:  Freezing and seizure of bank accounts, investment accounts, and retirement accounts
• Property liens:  Placing liens on real estate and personal property owned by the obligor
• Passport denial:  Notifying federal government to deny passport applications or renewals
• Credit reporting:  Reporting delinquent obligors to credit bureaus, impacting credit scores and borrowing ability

These administrative actions don't require court hearings and can be implemented relatively quickly when obligors fall behind on support payments.

Civil and Criminal Contempt

For serious or persistent non-payment, the CSEA or obligee can file civil contempt actions with the court. Contempt proceedings require the court to determine whether the obligor willfully failed to pay support as ordered. If found in contempt, obligors can be sentenced to up to 90 days in jail and fined up to $1,000 for each contempt finding.

In egregious cases involving substantial arrearages or intentional evasion of support obligations, cases may be referred to county prosecutors for criminal prosecution. Criminal non-support charges can result in more serious penalties, including longer incarceration periods.

Support Duration and Termination

Ohio child support orders generally continue until children reach age 18, but several circumstances can extend or terminate support obligations earlier or later than the 18th birthday. Understanding when support obligations end helps both obligors and obligees plan appropriately and avoid overpayment or underpayment situations.

Continuation Beyond Age 18

Support obligations continue beyond a child's 18th birthday in specific situations:

• High school attendance:  Support continues while the child continuously attends a recognized and accredited high school on a full-time basis after age 18
• Disability:  Support continues indefinitely for children with mental or physical disabilities rendering them incapable of self-support
• Agreement:  Parents agreed in separation agreements incorporated into divorce or dissolution decrees to continue support beyond age 18

For children attending high school past age 18, support automatically terminates when the child stops attending school full-time, graduates, or reaches age 19, whichever occurs first.

Termination Procedures

When circumstances arise warranting termination of support, specific procedures apply. The residential parent or custodian must immediately notify the CSEA of any reason the support order should terminate. Willful failure to provide this notification constitutes contempt of court for court-issued orders.

Reasons justifying termination include the child reaching age 18 and not attending high school, ceasing full-time high school attendance after age 18, death of the child, emancipation, adoption by another person, or other termination conditions specified in the order.

Termination Process Steps

1. Notice to CSEA of termination reason
2. CSEA investigation (within 20 days if Title IV-D case)
3. Determination of arrearages owed and other children subject to order
4. Notice to obligor and obligee of proposed termination
5. Opportunity for administrative hearing on termination
6. Court or administrative order terminating support
7. Notification to employers and financial institutions to cease withholding

When support orders terminate, any applicable income withholding orders also automatically terminate. The CSEA must notify all payors and financial institutions that withholding should cease immediately upon termination.

Your Rights and Responsibilities

Both obligors (parents paying support) and obligees (parents receiving support) have important rights and responsibilities under Ohio child support orders. Understanding these helps ensure compliance, protects children's interests, and facilitates appropriate modifications when circumstances change.

Obligor Rights and Responsibilities

• Right to accurate calculation:  Ensure support calculated correctly using proper income information and applicable guidelines
• Right to modification:  Request review and modification when substantial changes in circumstances occur
• Right to credit:  Receive credit for health insurance premiums paid and other allowable expenses
• Responsibility to pay:  Make all payments through the state system, not directly to obligee
• Responsibility to report changes:  Notify CSEA of employment changes, income changes, and insurance availability
• Responsibility to provide information:  Respond to requests for financial documentation during reviews

Obligee Rights and Responsibilities

• Right to receive payment:  Receive all support payments through the state disbursement system
• Right to enforcement:  Request enforcement actions when obligor fails to pay as ordered
• Right to review:  Request review and modification of orders when appropriate
• Responsibility to notify:  Immediately report reasons for order termination to avoid overpayments
• Responsibility to provide insurance information:  Notify providers of health insurance coverage for proper billing

Both parents benefit from maintaining open communication with their local CSEA, promptly responding to requests for information, and seeking modification when circumstances genuinely warrant changes rather than simply ceasing payments or requesting reductions without proper legal process.

Accessing Ohio's Child Support System

Ohio provides multiple ways for parents to access child support services and manage their cases. The Ohio Child Support Portal and mobile app allow parents to view case information 24/7, make payments electronically, print payment histories, update contact information, and communicate with child support workers. This online access provides convenience and transparency throughout the support process.

Each of Ohio's 88 counties has a Child Support Enforcement Agency providing services to families. These agencies locate non-custodial parents, establish parentage when necessary, create support orders through administrative or judicial processes, collect and distribute payments, enforce orders when obligors don't pay, and modify orders when circumstances change.

Parents seeking child support services can apply through their local CSEA or online through the Ohio Department of Job and Family Services website. Services are available regardless of whether families receive public assistance, though some fees may apply for families not receiving assistance. The agencies work closely with courts, employers, financial institutions, and other government agencies to ensure children receive the support they need and deserve.