If you are a parent, one of your biggest concerns during divorce is determining who will receive custody of the children. Next to that, you may worry about how to cover the cost of raising your children following your marital breakup.
Determining how to handle child support following divorce is usually a contentious process. However, understanding how the courts handle child support cases may help to make the process easier for both sides. Here is a look at how the state of Ohio looks at child support.
Child support calculations
Following the dissolution of a marriage, both you and the other parent are legally responsible for supporting your children financially. The person who ends up not having custody of the children might receive a court order to make child support payments to the other parent to help to care for the children.
State law spells out the process for calculating child support payments to ensure equitable and consistent awards. In Ohio, support calculations are made based on the concept of income share, which is where children of divorce receive the same financial support level they received during the course of their parents' marriage.
Deviation from the state's child support schedule
In certain situations, divorced parents may deviate from Ohio's standard child support schedule. A court will look at multiple factors when determining whether a deviation is necessary. These may include what your, the other parent's and the child's standard of living would have been had your marriage continued, for example. Other factors include the disparity in income between you and the other parent, as well as your children's special needs.
What if you want to change your current calculations for child support?
After the family law court has calculated a parent's child support payments and produced a support order, either parent has the right to petition for the order to be adjusted. This is possible through an administrative review that takes place three years from the establishment of the order or the latest review date.
A support order might also qualify for a review if either you or the other parent has experienced incarceration or a no-fault layoff. Following a review, the paying parent's support obligations will stay the same, increase or decrease depending on the circumstances surrounding the parents.