The non-residential parent is usually responsible for supporting their child in Ohio. The Court does not refer to a party as being a custodial or non-custodial parent, rather the court refers to the parent with sole legal custody of a child as the residential parent and the other as the non-residential parent. Child support is calculated based on the combined income of both parents.
How Is The Amount Of Child Support Calculated In Ohio?
The amount of money a person pays in child support is determined by statute. The statute provides the specific formula for computing a parties child support obligation based on the incomes of each party, with various deductions for other children, healthcare, childcare and other factors. The parent’s total income is identified minus the deductions and the formula determines the exact amount of support.
Can That Amount Ever Be Modified?
Child support can be modified for a number of reasons but most often is based on the amount of parenting time exercised by the non-residential parent. The parents can also agree to a specific amount or in some circumstances, to waive child support in a shared parenting plan. Any deviation must be in the child’s best interests and be approved by the court. If the child receives state benefits, a parent cannot waive support but they can still take a deviation based on their amount of parenting time. For example, with a fifty-fifty parenting time arrangement, the parent may be entitled to a 50% downward deviation in child support.
Does Ohio Recognize Alimony Or Spousal Support Awards In A Divorce Case And If So, Who Is Generally Required To Pay?
Ohio recognizes alimony or spousal support in a divorce case depending on the duration of the marriage and the disparity of income. As an example, when one spouse was the primary earner in a 15-year marriage, the court looks at the disparity of income and determines a support amount based on the duration of the marriage and the disparity of the income.
How Is The Amount Of Spousal Support Or Alimony Determined And Can This Amount Ever Be Modified Or Abolished?
There is no set calculation for spousal support or alimony like there is in child support. Every court handles spousal support differently. The accepted practice is a third of the disparity in income for a third of the number of years of the marriage. For example, in a 10-year marriage, there may be an award for three-years support. There is a disparity of income when one party earns substantially more than the other party. For example if one party earns $80,000 a year and the other party earns $20,000, there is a $60,000 disparity and the court would may award an amount of 20,000 annually in spousal support
When Might A Restraining Order Or An Order Of Protection Be Put In Place Under Ohio Law?
The initial phase of getting a restraining or protective order is when the protected party can prove by a preponderance of the evidence that there is a substantial threat or risk of harm. The protected party files an affidavit with the petition and if the court finds the affidavit credible, it will issue and ex parte order granting the petition. The court then schedules a final hearing where the other party is able to defend themselves. As a general rule, there needs to be proof that it is more likely than not that the party is at a risk of harm.
How Could A Restraining Order Impact Or Affect My Child Custody Case In Ohio From Either Side?
A restraining order can affect a child custody case if the child is included in the protection order and the petitioner seeking the protection order can show that the child is also at risk of harm in the domestic relations court or juvenile court. If a custody order is issued, that may supersede the protection order.
If There Was A Restraining Order Against Me And My Ex-Spouse And The Child Is Not Named, I Would Still Have Access To My Children Possibly?
If there is a restraining order against you and your ex-spouse and the child is not named, you may still have access to your children. However, if you show up at the house to pick up the children, you could be in violation of the order. Also, if you contact the other party and ask to see the children, that contact alone could be a violation. If you are subject to a protection order, there are specific ways to get a modification of the protection order so both parties can interact regarding the children.
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