Page 30 - JulAug2019_BarJournal

FEATURE FAMILY LAW

PROGRESS AT LAST

HIGHLIGHTS OF OHIO’S NEW

CHILD SUPPORT LAW

BY SERPIL ERGUN

hanges in income, cost of support worksheets according to a legislatively recognizes the high cost of raising children and
living, and family structure prescribed method, at least every four years. emphasizes that even low-income parents must
have taken place in the last The Schedule was last updated in 1992. The be reasonably accountable for their support.
quarter century but Ohio’s Schedule and worksheets are now part of
C Child Support Guidelines Chapter 5101:12 of the Ohio Administrative Parenting Time (R.C. 3119.051, 3119.231)
have not kept pace with changing times. Code, not the Revised Code. ODJFS must Child support is now adjusted for significant
HB 366, effective March 28, 2019, addresses also create a Guidelines Manual to serve as a parenting time. Parents with at least 90
persistent issues unresolved since 1987. The resource for courts, child support agencies, overnights annually (~25% of time) are now
new law is a breakthrough in ensuring child attorneys, and others. The manual (JFS automatically entitled to a 10% credit to
support orders adequately provide for the 07766) describes the income shares model, the calculated support amount, within the
economic needs of children consistent with a methodology for estimating child rearing worksheet. Courts must proactively consider
parent’s ability to pay. This article summarizes expenditures, and self-sufficiency reserve. It a deviation in cases where a parent has more
these important changes. also includes an overview of the worksheets than 90 overnights, on top of the automatic
(JFS 07768, JFS 07769); Revised Code child adjustment. If there are 91 to 146 overnights
Basic Child Support Schedule (R.C. support definitions; tables utilized in the (~40%), the court must issue findings if a
3119.021) calculation; and line-by-line instructions deviation is granted. For 147 overnights or
Ohio’s income shares model now incorporates for completing the worksheets. Placing this more, courts must issue findings whether or
a more modern child rearing methodology responsibility with ODJFS guarantees routine not a deviation is granted. The adjustment and
and recent economic data to accurately review of issues and the flexibility to make deviation can be eliminated if the obligor does
reflect the cost of raising a child. The new changes in a timely fashion. not exercise parenting time.
methodology, Betson-Rothbarth 4, developed Contrary to popular belief, the Basic
in 2011, utilizes Consumer Expenditure Self‐Sufficiency Reserve (R.C. 3119.021) Schedule has never accounted for expenses
Survey data from 2004-2009 updated to The self-sufficiency reserve (an adjustment paid by obligors during parenting time, like
current price levels. The old methodology of the guideline amount that ensures a low- food and entertainment, because the income
relied on data collected in the early 1980s and income parent has enough money to live at shares model assumes children are always
contained a flaw that negatively affected low- a sustainable level after paying child support with the obligee. Obligors were paying these
income obligors. and taxes) built into the Schedule has been expenses twice. The only way to address
A new Basic Child Support Schedule updated from $6,810 to $12,060 per year this was through deviation which required
covers combined incomes from $8,400 to (116% of the 2016 federal poverty guideline), litigation. This problem has become pressing
$336,000. Families with combined income with a gradual phase-out of the adjustment as with the trend toward shared parenting and the
in the $32,000-$105,000 range are likely to income increases. The SSR is visible as shaded law now requires greater attention be paid to
experience an increase in support but changes areas of the Schedule. this issue. The credit values this direct financial
in the way costs like health insurance and child contribution in a reasonably objective manner
care are handled may temper those increases. Minimum Child Support (R.C. 3119.06) and encourages parents to spend time with
The minimum order has increased from $50 their children. Addressing more substantial
ODJFS Mandate (R.C. 3119.021) to $80 per month. The thrust of many of the parenting time through deviation avoids a
The Ohio Department of Job and Family changes was to protect low-income obligors; formulaic solution to a complex issue.
Services will now update the Schedule and this is sensitive to the needs of obligees. It

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