It is important that you understand your rights with respect to Child Support, irrespective of whether you are receiving support or paying it. If you have any questions or concerns about establishing a new order or modification or enforcement of a prior order for child support, please call the offices Lardiere McNair, as we will fight for your rights.
The Court has the authority to award child support and determine whether to deviate the support amount up or down, depending on the statutory factors in Ohio Revised Code § 3119.
There are specific factors that Ohio Courts review when calculating child support, some important factors include, but are not limited to:
- The number of children of each party;
- The gross income of each party, including overtime or bonuses averaged over the last three years;
- Daycare expenses, health insurance costs and other necessary expenses; and
- Child support or spousal support paid in this case or other cases.
For a complete list of factors, visit ORC § 3119 http://codes.ohio.gov/orc/3119
One question we receive by many clients is whether child support can be modified after it is ordered. Child support can be modified by either the Child Support Enforcement Agency or through the Court. The parties must show a change in circumstances for a modification, which could be a 10% change in the current order as a result of fluctuations in the parties’ income, a change in the parenting time of one party, and a myriad of other reasons.
Another question we receive is about the tax consequences of a child support order.
Child support is not-taxable to the Obligee (the party receiving the support), nor is it considered income, and it is not deductible to the Obligor (the party paying the support).
Finally, the most common question is what can a party do if the Obligor stops paying his/her support order. The Obligee should file a Motion for a Contempt with the Court detailing the failure of the Obligor to pay support. Upon a hearing with the Court, if the Court finds the Obligor has failed to pay, there are many avenues the Court can proceed in order to recoup the support, such as seizing the Obligor’s tax returns, access to the Obligor’s pension or retirement account, or even jail time of the Obligor.
At Lardiere McNair, we will take any and all steps to help secure a child support award, help modify a current child support order, and/or file or defend a potential contempt. Give our office a call to discuss your rights and responsibilities regarding Ohio child support orders.
Sunni S. DiNicola is an Attorney at Lardiere McNair, LLC. To read more about our firm, please visit www.lmcounsel.com.
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