Child Support Archives - Page 3 of 6

Keep Your 2019 Calendar if You Might be Divorcing…

Can A Past Calendar Of Daily Events Make All The Difference In Divorce Cases?

Don’t Throw Away Calendar From The Past. Document Of Events Can Be Important In Divorce And Custody Issues

It’s a new year. Out with the old and in with the new! The New Year’s Eve party blowers and hats are put away and you are ready to start a fresh new year. Getting organized is a priority for many. If you are like me you have had your calendar for the upcoming year purchased in November and have been diligently recording doctors appointments as well as other upcoming events.

So, it just makes sense to throw away that calendar from the past year. But wait! If you are in the midst of a divorce, or even contemplating if that’s a road you are going to take, getting rid of the previous calendar is a huge mistake. After all it is basically a documented story of your and your family’s daily life.

In a divorce proceeding, especially if there may be custody issues, you will be asked to reproduce your children’s past events, such as health history, sports events, other activities they are involved in, as … Read More... “Keep Your 2019 Calendar if You Might be Divorcing…”

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

Under the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute. This leads to what us lawyer types call ‘confusion’.

To sort through the statute, the Supreme Court looked at the specific case before them. In this case, Mother had primary custody and sought a … Read More... “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

Can I Demand Proof Where my Ex Spends the Child Support I Pay?

Can A Parent Request Accounting Of The Child Support Expenses?

This is a frequent question that I hear as a Dayton, Ohio, divorce lawyer. In Ohio, the short answer is “no” as long as the child’s basic needs are being taken care of. There are a few states (such as Washington) which allow for a parent to request an accounting of the child support expenditures.

In most states there is a common misconception that child support must be spent on things that ONLY benefit the child only. In Ohio, child support may be used to pay for a very broad range of expenses including:

Food
Clothing
Mortgage/rent of the home where the child lives
Utility bills, internet, cell phones
Medical expenses
Transportation and vehicle costs (including gas, auto insurance and car repairs)
Childcare/babysitters/camp costs/sports/extracurricular activities
School fees and supplies
Entertainment for the child
Any miscellaneous expenses that contribute to the general welfare of the child.

Does the Custodial Parent need to Account for the Support Money?

This is a corollary question to the one above. The general answer in Ohio is “no”. Nonetheless, if this issue is raised, it would be prudent to look back over the past month or … Read More... “Can I Demand Proof Where my Ex Spends the Child Support I Pay?”

New Child Support Guidelines in Ohio Take Effect on March 28, 2019

These Are The Changes To The New Law You Should Know About. But Does It Effect Child Support And Parenting Time?

On July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule. Our current law has been in place for 25 years! Here is the link to that article.

The new law, which becomes effective on March 28, 2019, is quite complicated and a substantial change in many areas. Like many Ohio divorce lawyers, I am learning its implications and training staff with these changes. Our firm has installed the new specialized computer software needed to properly calculate child support. I have even compared a few scenarios with the schedules anyone can find online. I can tell you that those free schedules do NOT include certain adjustments that can dramatically affect the outcome.

If, after looking at the summary I have attached, you have questions I would strongly suggest that you contact an experienced family law attorney where your Order was issued to recalculate the support. This new law does not automatically change any existing support Orders whether they … Read More... “New Child Support Guidelines in Ohio Take Effect on March 28, 2019”

Ohio Law Will Overhaul the Entire Child Support System!

New Reform Package BIll Will Change The Way Child Support Orders Are Calculated

Before June 29th, 2018, the state of Ohio’s formula used to calculate child support orders has not been reconfigured or changed since 1992. This has led to a massive amount (roughly more than a million dollars a year) of child support going uncollected and families in strife over trying to care for their children. Ohio House Bill 366 is a reform package that will change the way child support orders are calculated and is has just been signed by Governor Kasich. You might also hear it called Senate Bill 125, however it is the same bill as House Bill 366 with only minor technical changes that were made by the Senate.

For over a year, state Sen. Bill Beagle, R-Tipp City, and state Rep. Theresa Gavarone, R-Bowling Green, worked on this legislation. Beagle said child support reform is a complicated, emotional issue that eluded a fix for 25 plus years. House Bill 366 tries to balance concerns about fairness, collection rates and the well being of children, he said. He acknowledged that some families will see their child support orders reduced. “Our hope is by right-sizing the … Read More... “Ohio Law Will Overhaul the Entire Child Support System!”

New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment

Often times when a couple divorces, a court will order one party to pay spousal support in Ohio and/or child support if there are minor children involved. And while it can seem that every, last detail from property division, to health insurance and retirement benefits is hammered out in the final decree, there may be an area that is too often overlooked.

What happens if the party obligated to pay child or spousal support suddenly becomes unemployed? Then what?

The Great American Insurance Group now offers Marital Settlement Agreement Insurance (“MSAI”), to insure divorce obligations during periods of unemployment. The program, which has been 40 years in the making, was developed by Richard S. Zizian, J.D., of the Zizian Agency in San Diego, California. It is now available in all states except Hawaii and Alaska.

Insurance Group Offers Spousal Support And Child Support Payments During Times Of Unemployment

In order to qualify, a person must be a full-time, W-2 wage earner. The holder can choose to pay the premiums annually, quarterly or monthly. The policy pays up to 24 weeks of benefits per year for child and/or spousal support payments. In addition, it covers obligations ranging from $450 to $9000 … Read More... “New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment”

Child Support and Visitation: Should One Be Dependent Upon The Other?

Should Child Support Payments And Visitation Rights Remain Independent Of Each Other In Ohio?

Recent New York Ruling Says Child Support And Visitation Are Linked And Dependent Upon One Another

child support visitation ohio As a general rule, the payment of child support and visitation are two completely, separate issues in the eyes of the Court. Visitation rights are granted where it is in the “best interest of the child” to have such in place. They are not dependent upon the amount or payment of child support. Likewise, child support is determined according to the Child Support Guidelines and has very little to do with visitation. As a result, paying child support does not entitle a parent to visitation. And, if a parent has court-ordered visitation, it cannot be withheld because they have failed to pay their child support. However, in a recent case out of New York, the Appeals Court there held that support payments should have been suspended where the child was not required to abide by the ordered visitation schedule.

In its opinion, (click here to read) the Appellate Division, Second Department, found that Robert Coull had not seen his 13-year-old son in approximately 5 years due, in large … Read More... “Child Support and Visitation: Should One Be Dependent Upon The Other?”

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