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

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

child support gross income supreme courtUnder 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”