One of the most stressful issues for parents who are divorcing or separating is that of child support. Payors and payees alike have many concerns. If you expect to receive child support, you may worry that you won’t receive enough, or that you won’t receive payments when you’re supposed to. If you expect to have to pay, you may be concerned that your ex won’t use the support you pay responsibly, or that you’ll be unable to support yourself on the income you have left. Whether you expect to receive child support or to pay it, your primary concern is the well-being of your child. At Ruby & Associates, we are available to address all your child support questions.
Child support is calculated based on guidelines set forth by the Ohio Supreme Court. The court must use specific worksheets to calculate support. These worksheets take into account the custody and parenting time arrangements, the number of children, and the income of the parties, along with other factors such as child care expenses and health insurance premiums paid.
The amount of child support dictated by the worksheet is generally presumed to be the amount that should be paid, for families that have up to $150,000 in income. Families with income above that amount have support decided on a case by case basis.
It is possible for child support to deviate from the worksheet amount in certain circumstances, such as a child with special needs or significant in-kind payments by one parent, such as private school tuition paid directly.
If a payor of child support is employed, the court will typically issue an income-withholding order so that child support comes directly out of the payor’s paycheck. In some situations where non-payment of support is persistent, the delinquent payor may be held in contempt of court, fined, and even jailed.
Although the court makes child support calculations based on specific data and guidelines, calculations are only as accurate as the information the court has. If the court is unaware of a payor’s “under the table” income or a child’s special needs, it cannot arrive at a support amount that is fair and meets the real needs of the family. It’s the responsibility of the parties to bring the right information to the court’s attention.
Likewise, if an original child support amount is no longer accurate due to a change in circumstances, or support is not being paid as directed, the court cannot act unless it has all the details of the situation that needs to be remedied.
At Ruby & Associates, we’ve helped Ohio families with their child support needs for years. Our attorneys will answer your questions, and, equally important, know the right questions to ask you to draw out the information the court needs.
Whether you need to establish, enforce, or modify a child support award, Ruby & Associates has the experience and skill to resolve your concerns. To learn more about how we can help you, contact our office at (330) 867-1405.