Although child support in Ohio is calculated based on an income shares approach, and the use of guidelines, extenuating circumstances often exist that may make a guideline award of child support unreasonable or unfair. There also exists in Ohio a rebuttable presumption that a parent can be gainfully employed on a full-time basis. If a parent is unemployed, potential income may be imputed unless that parent can show that he/she is not voluntarily unemployed or underemployed. In determining potential income, situations where one parent is self-employed or has been a stay-at-home parent require a more nuanced approach.
There are other factors that are used to calculate child support as well, such as:
- If a parent has a child from another relationship living in their home.
- If a parent is already paying court ordered child support for another child.
- If a parent is or will be paying spousal support.
- The amount of court ordered parenting time.
- The costs of daycare and health care coverage that is incurred by either parent.
Analyzing parties’ incomes and calculating child support obligations can be a very difficult process for any party or attorney. This is why we always recommend that parties hire an attorney who is very experienced in the area of family law to represent them in these types of matters, since there are some circumstances in which a deviation from the guidelines is appropriate. Our attorneys can advise you as to whether such a deviation may be appropriate in your case. Contact RKPT to discuss your situation and how we can help.
