Page 32 - JulAug2019_BarJournal

FEATURE FAMILY LAW

Imputing Income (R.C. 3119.05) are imposed by the court or administrative Assembly specifying the methodology and
Before, imputing potential income to order but are no longer part of the worksheet. ODJFS charged with execution.
incarcerated and institutionalized parents Child support in Ohio has matured over the Child support is still complex, but clear
and those receiving means-tested public last 30 years. The common law way of establishing rules, more transparent assumptions, and a
assistance was prohibited. Now, income also support through adversary proceedings has given simplified, more straightforward approach
cannot be imputed to a parent approved way to a largely administrative process. With make orders fairer and easier to calculate.
for SSDI; unable to work based on medical presumptive numeric guidelines, a structured HB 366 corrects longstanding inequities
documentation that includes a physician’s mathematical method built on what it actually bringing Ohio orders closer to the intended
diagnosis and opinion regarding inability costs to raise children and produces consistently goals of the child support program.
to work; who has made continuous and uniform orders has replaced a judicial balancing
diligent efforts without success to find new test that weighed a child’s need with a parent’s
employment at less than previous salary ability to pay and led to variable outcomes. Child Serpil Ergun is a magistrate and
or wage; or when complying with court- support is now predictable and more child- Executive Director of Judicial
ordered reunification efforts in child abuse, focused. It is also easier for parents to obtain and Operations at the Domestic Relations
neglect or dependency proceedings. modify orders. Court in Cuyahoga County. Hon.
As child support policy makers fine Ergun has a special interest in family
Worksheet Changes (R.C. 3119.05, tune how best to allocate the financial justice reform and problem-solving processes. She
3119.27; JFS 07768, 07769) responsibility of raising children between currently serves as the Co-Chair of the Ohio
Local taxes and deductions like union parents and protect children’s financial Supreme Court’s Subcommittee on Family Law
dues and uniform fees have been removed security, HB 366’s great achievement is Reform Implementation and is a frequent lecturer
as worksheet adjustments to income but guaranteeing a way to update the Guidelines for the Ohio Judicial College. She is a lifetime
mandatory work-related expenses are so support orders are always based on valid member of the 8th District Judicial Conference,
still excluded under R.C. 3119.01(C)(12). economic data and changing needs. The and a CMBA member since 2011. She can be
Only current spousal support paid can be legislative and executive branches now reached at (216) 443-8820 or sergun@
deducted, not arrears. Processing charges share this responsibility with the General cuyahogacounty.us.

Together Barton A. Bixenstine, Esq. and

Kim F. Bixenstine, Esq. draw on
distinguished legal careers and extensive

experience in a wide range of types of
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BixRes.com | 800-410-1339
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KBixenstine@BixRes.com and False Claims Act matters.

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