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After over 20 years working for the Franklin County Child Support Enforcement Agency, I decided to make the move to private practice. The importance of child support and the impact it makes on children’s lives is so vital that any time we discuss children in the family law context, we can’t forget to address child support as well.
We are required to address child support in every divorce action where the parties have children and in every action regarding custody (also known as allocation of parental rights and responsibilities).
Child support is based on the parents’ income (income shares). Parents with higher incomes pay more, parents who are lower income pay less. When the child support calculator is run, child support will not go below $80.00 per month. In Ohio, $80.00 per month is the lowest a child support order will go.
Child support guidelines have a second figure now – medical support. The figure for medical support was added in 2019 when the child support guidelines were recalculated. Did you know that almost 40% of Ohio children receive Medicaid? The importance of this can’t be overstated. Medicaid is a form of public assistance. This means that the parents don’t have pathways to affordable health care without the government being involved. If the child is on public assistance (Medicaid), the medical support will be sent to the state in order to partially reimburse the state for the medical expenses. If the child is not on public health insurance and is instead on a privately paid policy, then the medical support is paid to the person receiving support to partially reimburse them for providing private insurance.
The biggest driver of child support is child care cost. Quality care for children, especially infants, is extremely expensive and is often the biggest item in a household budget, higher even than rent or a mortgage. Many new parents don’t realize how high the cost of care will be before they have children. Not many people are able to rely on family ties anymore for low cost or free care. Frequently, the grandparents who relied on their parents are still working themselves. Child care costs frequently limit how many children a couple will have. The high cost of child care is something that is added to the worksheet and can double or even triple the amount of an order. Having a parent who is able to stay home and care for the child is now a luxury.
Parties can choose to deviate child support – all the way down to zero! These deviation factors include things like the cost of travel for the parents or child so they can spend time with each other. Significant in-kind contributions can be accounted for (here’s looking at you, travel hockey). Having a child who is special needs can trigger a deviation. Of course, if child support goes down, it can also go up. Check with your legal professional to see if your case qualifies for a deviation either up or down. Be prepared to show receipts that show your costs.
Finally, the tax exemption. This is awarded on the best interest of the child standard. Basically, the parent who gets it is presumed to be using the money to care for the child. Many times, it’s when the tax money comes that children get the new clothes and money for school fees that have been accumulating all year. If a parent has a high order, it can be used to reimburse some of the parent’s costs.
If you have questions regarding your child support order, or wish to further discuss it, please feel free to set up a consultation with Melissa Waterfield at the Law Offices of William L. Geary Co., LPA. Suite 101, Waterford Tower, 155 West Main Street, Columbus OH 43215/ 614-228-1968.
Melissa Waterfield is an attorney with the Law Offices of William L. Geary, Co., L.P.A. and before working with our office worked, for over twenty years as an attorney with the Franklin County, Child Child Support Enforcement Agency.