For The First Time in 25 years, Ohio’s Child Support Laws Have Changed

If you know anyone paying or receiving child support, or working with a child custody lawyer, this information may be important to share:

House Bill 366 took effect in March of 2019, and these are the first changes we have seen in Ohio’s child support laws since 1992.

What is the impact of these changes? How might they affect you?

Changing Child Support Laws In Ohio: House Bill 366

children in custody battleOne part of the law refers to “overnights,” as it relates to parenting time. This time spent parenting can be used to offset payments. For example, a parent who has 90 overnights of parental time (or roughly 25% of the calendar year) may see a reduction in their child support obligation of 10%.

If you have had a significant change in circumstances, you can have your child support order reviewed. The amount this review could change your child support order is an increase or a decrease of 10%.

The courts handle each of these orders separately, on an individual, case-by-case basis.

Calculating Child Support

The formula that Ohio had used to calculate child support payments was developed in 1986, and had not changed since then.

Ohio’s legal updates take a number of factors into account that have changed since 1986. People make more money now, and more children are born into situations in which the parents are not married.

Each case is handled differently, and each child support situation is unique, but some of the new rules are across-the-board.

For one thing, the minimum monthly child support amount has just increased to $80 per month. Before March, that minimum had been set at $50 per month.

There is also a new equality guideline, which regards parents that have more than one child — and perhaps more than one family to support.

Originally, Ohio had decreed that the child who filed first for child support would receive the highest amount, and other children who filed later would receive smaller child support amounts. In the new House Bill 366, all children are treated equally. There is a standard income deduction for each parent.

Another change concerns the total income amount that is used to calculate child support sums.

Up until this past March, the state had a $150,000 cap on combined income as it is used to determine child support.

If a couple made a combined income of $300,000, only the first $150,000 was used to calculate child support. Half of the couple’s income would not factor into the equation.

The new cap for such determinations is just over $330,000. Now, that couple making $300,000 combined would have all of their income be considered.

Obviously, this change in the law mainly has an impact on high-income families.

Ohio’s officials who work on child support believe the changes to the statutes will make it easier for parents to stay within compliance. If you or someone you know is in need of legal assistance regarding a custody or child support issue, please contact the Cincinnati Law firm of Donnellon, Donnellon and Miller.