What is a Child Support Deviation?
Ohio utilizes a statutory child support schedule and child support calculation worksheets to determine a presumptive child support amount. The Court has the discretion to deviate (upward or downward) from the presumptive child support calculation if it is determined that the presumptive child support calculation is unjust, inappropriate or not in the best interests of the minor children.
Pursuant to the revised child support statute that went into effect in March 2019, Ohio law now states that a Court may consider any of the following factors in determining whether to grant a deviation:
Special and unusual needs of the child(ren), including needs arising from the physical or psychological condition of the child(ren).
Other court ordered payments.
Extended parenting time or extraordinary costs associated with parenting time including extraordinary travel expenses when exchanging the child(ren).
Financial resources and the earning ability of the child(ren).
Relative financial resources, including the disparity in income between parties or households, other assets, and the needs of each parent.
Obligee’s income, if the obligee’s annual income is equal to or less than one hundred percent (100%) of the federal poverty level.
Benefits either parent receives from remarriage or sharing living expenses with
Amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both parents.
Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing.
Extraordinary work-related expenses incurred by either parent.
Standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married.
Educational opportunities that would have been available to the child(ren) had the circumstances requiring a child support order not arisen.
The responsibility of each parent for the support of others, including support of (a) child(ren) with disabilities who are not subject to the support order.
Post-secondary educational expenses paid for by a parent for the parent’s own child(ren), regardless of whether the child(ren) are emancipated.
Costs incurred or reasonably anticipated to be incurred by the parents in compliance with court-ordered reunification efforts in child abuse, neglect, or dependency cases.
Extraordinary childcare costs required for the child(ren) that exceed the maximum state-wide average cost estimate provided in Ohio Revised Code §3119.05(O)(1)(d) including extraordinary costs associated with caring for a child(ren) with specified physical, psychological, or education needs.
Other relevant factors (specify):
If you are requesting or defending a deviation of child support, you need an attorney who not only understands the new child support law but who also has knowledge of the manner in which the local Judges and Magistrates in Butler and Warren counties are interpreting these factors. Contact Christopher M. Alexander at (513) 228 – 1100, mobile (513) 226 – 8489, or online at Chris@awklegal.com.