Laws Concerning Child Support in Ohio

By Business & Finance Last updated Sunday, April/07/2024

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The laws governing child support in Ohio are found throughout Title 31 of the Ohio Revised Code. The amount of financial assistance a child is entitled to from the noncustodial parent, special provisions and methods of legal enforcement are all provided for in the code. The income and financial status of both parents is considered when support is awarded, as well as any special needs of the child.

Sections 3119.02 and 3119.021

Section 3119.02 of the Ohio Revised Code (ORC) directs state guidelines for the calculation of child support must be followed and the judge is allowed to disregard any calculations made by a person directly involved in the support proceeding.

The basic support guidelines are outlined in Section 3119.021 of the ORC. The guidelines must be used unless the gross income of both parents is less than $6,600 or more than $150,000; in cases where the income is not included on the guidelines, the judge is directed to compute reasonable support. The support is calculated by the number of children and the combined gross income of the parents in table form. The amounts increase as the income and number of children rise.

Pursuant to Section 3119.08 of the ORC, any court issuing a support order must include specific terms for visitation for the obligated parent, including holiday and special visitation. Special situations, such as a parent who has been found abusive by the court, may preempt the requirement.

No person paying child support is permitted to withhold the money if the custodial parent is denying or interfering with the visitation set forth in the support order, per Section 3119.08.

Section 3119.22 of the ORC provides that the court may deviate from the child support guidelines if the calculated support amount is not in the best interest of the child or is unjust.

Specific factors that allow the court to immediately calculate support outside the guidelines are included in Section 3119.23 of the ORC. The factors include a child with medical needs, a large difference in income between both parents, a parent who is low income or seriously ill, and any other factor the court deems relevant.

Health insurance needs for the child is provided for under Section 3119.30 of the ORC. The parent who has medical coverage available through employment or other means is generally required to provide insurance for the child, as long as the cost is reasonable. Extra money is added to the child support amount if the custodial parent provides the health insurance, as long as doing so will not bring the noncustodial parent under the poverty level.

Once a parent obligated to pay child support is considered in default, the child support enforcement agency must investigate to determine the parent's place of employment, assets and to verify the default status is correct. Section 3123.02 of the ORC permits the agency to use the parent's Social Security number and other identifying information to determine employment status.

The child support agency is required to send an income withholding notice to the defaulted parent's place of employment within two days of discovering the income pursuant to Section 3123.021 of the ORC. The notice directs the employer to withhold both the support amount and a portion of the arrears. Further collection action, such as revocation of the parent's license, is permitted under Section 3123.58 of the ORC.

A parent who is in default that is not or cannot be cured by wage garnishment is subject to other collection actions. Section 3123.58 allows the parent's license to be revoked, and Section 3123.67 includes provisions for the support agency placing liens against the parent's personal property and real estate.

A parent who owes support may have his tax return refund taken to satisfy the debt under Section 3123.81 of the ORC.

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