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FAMILY LAW FEATURE

Deviations from the guideline support
obligations are commonly argued and
sometimes judicially determined. Deviations
rarely increase the obligation from the guideline
amount. Parties negotiate deviations for all
kinds of reasons. The new statute eliminates
some old deviation factors and creates some new
factors. Among the new factors are the specific 2019 MIDWEST
physical or psychological condition of the child,
extended parenting time or extraordinary costs DIVERSITY
associated with that parenting time, including
travel for parenting time, the financial resources CAREER FAIR
of the children and the extraordinary work-
related expenses incurred by either parent. The
scope of potential deviations expanded with the Friday, August 16, 2019
explicit consideration of the responsibility of
each parent for the support of others, including
support of a child or children with disabilities
who are not the subject of the support order.
A parent who pays post-secondary educational
expenses for their own child, regardless of
whether the child is emancipated, will now
have a compelling deviation argument. Costs
incurred, or reasonably anticipated to be
incurred by a parent in compliance with court
ordered reunification efforts also give grounds
for deviation.
There is a significant change in the way
deviations will be handled in post-decree
modification of child support by the Child
Support Enforcement Agencies in Ohio. The Many statutory provisions previously markets software to the public that calculates
support agencies were unable to carry old dependent on action by the legislature for child support.
deviations forward when administratively change moved to the Ohio Administrative
reviewing old orders. This limitation forced Code. The Ohio Department of Job and Family Conclusions
many parents to seek judicial review of Services (JFS) now has rule-making authority The new guidelines and table do little to
administrative modifications. Now, support to update the Basic Schedule for child support, improve the economic situation of children,
agencies are able to carry deviations forward Cash Medical Support and the SSR. JFS must but there are many aspects of HB 366 that
if monetary or percentage values can be develop training materials and update them as make substantial improvements to the
reasonably determined from the prior orders. well as the worksheets at least once every five administration and implementation of child
Practitioners must be clear and specific years. A Child Support Advisory Council made support calculations. The worksheet itself
so that old deviations are not the source of up of multidisciplinary stake holders is to work shrank from six to two pages. It is much more
perpetual discord. with JFS in reviewing the basic child support user friendly. And, most importantly, we won’t
Low-income families receive many benefits schedule. The review must take place every four have to wait another 27 years for the table to
from the new law. There is now a Self Sufficiency years. This shift of responsibility for increasing be updated.
Reserve (SSR) built into the table which allows the basic child support schedule to JFS frees the
financially disadvantaged obligors a basic legislature from future political backlash when,
amount of income to support themselves before in four years, the support table might begin to John Zoller is a principal at
child support is withheld from their income. catch up with the cost of raising children. The Zoller|Biacsi, a firm concentrating
O.R.C. Sec 3119.021(B)(2). The amount of the Consumer Price Index will now be a specific on family law since 1992. John, a
minimum child support order increased from factor in these administrative reviews. Board Certified Specialist in Family
$50/mo. to $80/mo. Special attention was given While JFS is mandated to provide a basic Law by the OSBA (2000–2019) is
to families with multiple orders in an effort to child support calculator, two months after the also a Certified Divorce Financial Analyst
reduce inequitable situations where one child of effective date of the new law, JFS does not have (CDFA®). He is the Ohio Representative for Family
an obligor receives a substantially higher child an online calculator available to the general Law Software. He has been a CMBA member
support order than dependents covered by public on its website. Family Law Software, since 1986. He can be reached at (216) 241-2200
subsequent orders. along with four other providers, currently or john@zblaw.net.
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