September 30, 2020

Years ago, most divorces ended with one parent granted custody who would receive child support, and one parent allowed visitation who would pay the child support. Things have changed, and more family courts understand that both parents should be involved in raising children, even after divorce. Most divorced parents have some degree of joint custody. If both parents are raising the children, will child support still be required?

What is the Purpose of Child Support?

Child support ensures that every child receives at least minimal financial contributions from both parents. If one parent has sole physical custody and the other parent visitation, the parent with visitation will usually end up paying child support. Child support is calculated by taking the gross income of both parents and finding a baseline level of support. Credit is given to the one with the highest amount of physical care-taking time. There is a set of guidelines and a formula each state has established.

What is the Difference Between Joint and Sole Custody?

Years ago, one parent was generally awarded sole custody, with the other parent granted visitation. The custodial parent did not have to share any medical, educational, or other information with the other parent. This is usually not the case anymore. Joint legal custody is shared parenting. Both parents are deemed a custodial parent of the children and both will share equally in the decision making for the children. Joint physical custody means that both parents are deemed the residential parent of the children. This doesn’t need to be shared equally. A divorcing couple will usually work out the specifics of sharing physical custody during mediation or during negotiations through their attorneys.

Will Anyone Pay Child Support if there is Joint Physical Custody?

It depends. Joint physical custody is almost never 50/50 time, and rarely are both parents bringing in the same income. In most cases, the parent with the larger income will pay at least some child support, even if they have shared physical custody. The court will look at the parenting time and income to make a decision as to an amount that one parent will receive to assist in providing for the child.

What are the Changes to Ohio Child Support Laws?

Ohio Child Support laws were updated in 2019. Here are some of the highlights.

• The minimum monthly child support payment per child is now $80 per month. If you make under $14,000, your child support cannot exceed your income or leave you without a sufficient cushion.
• If your parenting time is more than 90 overnights per year, your child support obligation can be reduced. If your parenting time is more than 147 overnights per year, the court is required to reduce your child support payments or explain in writing the reasoning for not doing so.
• The parent who receives child support will be responsible for providing health insurance.
• The new law requires that every child receive a basic, standard amount. If you are paying child support to multiple people, you will pay this minimum for each child.

Divorce can be complicated for families, even when both parents are amicable in the proceedings. Your divorce attorney can help you understand what your rights and obligations may be in Ohio under the new changes to the law, and will guide you toward a positive future for your children. If you have questions about your child custody case, or you feel divorce is in your future, contact my office today.