As Introduced
132nd General Assembly
Regular Session S. B. No. 125
2017-2018
Senator Beagle
Cosponsors: Senators Eklund, Hite, Manning, Terhar, Wilson
A BILL
To amend sections 3119.01, 3119.02, 3119.021, 3119.04, 3119.05, 3119.06, 3119.22, 3119.23, 3119.24, 3119.29, 3119.30, 3119.302, 3119.31, 3119.32, 3119.61, 3119.63, 3119.76, 3119.79, 3119.89, 3121.36, and 3123.14 and to enact new sections 3119.022 and 3119.023 and sections 3119.051, 3119.231, and 3119.303, and to repeal sections 3119.022, 3119.023, and 3119.024 of the Revised Code to make changes to the laws governing child support.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3119.01, 3119.02, 3119.021, 3119.04, 3119.05, 3119.06, 3119.22, 3119.23, 3119.24, 3119.29, 3119.30, 3119.302, 3119.31, 3119.32, 3119.61, 3119.63, 3119.76, 3119.79, 3119.89, 3121.36, and 3123.14 be amended and new sections 3119.022 and 3119.023 and sections 3119.051, 3119.231, and 3119.303 of the Revised Code be enacted to read as follows:
Sec. 3119.01. (A) As used in the Revised Code, "child support enforcement agency" means a child support enforcement agency designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or a private or government entity designated as a child support enforcement agency under section 307.981 of the Revised Code.
(B) As used in this chapter and Chapters 3121., 3123., and 3125. of the Revised Code:
(1) "Administrative child support order" means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109.19 or 3111.81 of the Revised Code or former section 3111.211 of the Revised Code, section 3111.21 of the Revised Code as that section existed prior to January 1, 1998, or section 3111.20 or 3111.22 of the Revised Code as those sections existed prior to March 22, 2001.
(2) "Child support order" means either a court child support order or an administrative child support order.
(3) "Obligee" means the person who is entitled to receive the support payments under a support order.
(4) "Obligor" means the person who is required to pay support under a support order.
(5) "Support order" means either an administrative child support order or a court support order.
(C) As used in this chapter:
(1)
"Combined
gross income" means the combined gross income
of both parents.
(2)
"Cash
medical support" means an amount ordered to be paid
in a child support order toward the ordinary medical expenses
incurred during a calendar year.
(2) "Child care cost" means annual out-of-pocket costs for the care and supervision of a child or children subject to the order that is related to work or employment training.
(3) "Court child support order" means any order issued by a court for the support of a child pursuant to Chapter 3115. of the Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code.
(3)
(4)
"Court-ordered
parenting time" means the amount of parenting
time a parent is to have under a parenting time order or
the amount of time the children are to be in the physical custody
of a parent under a shared parenting order.
(5) "Court support order" means either a court child support order or an order for the support of a spouse or former spouse issued pursuant to Chapter 3115. of the Revised Code, section 3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code.
(4)
(6)
"CPI-U"
means the consumer price index for all urban
consumers, published by the United States department of labor,
bureau of labor statistics.
(7)
"Extraordinary
medical expenses" means any uninsured medical
expenses incurred for a child during a calendar year that
exceed
one
hundred dollars
the
total
cash
medical support amount
owed by
the parents during
that year.
(5)
(8)
"Federal
poverty level" has the same meaning as in section
5121.30 of the Revised Code.
(10)
(9)
"Income"
means either of the following:
(a) For a parent who is employed to full capacity, the gross income of the parent;
(b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent and any potential income of the parent.
(6)
(10)
"Income
share" means the percentage
derived
from a
comparison of
each
parent's
annual
income
after
allowable deductions
and credits as indicated on the worksheet to the total
annual
income of both parents.
(11) "Insurer" means any person authorized under Title XXXIX of the Revised Code to engage in the business of insurance in this state, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members.
(7)
(12)
"Gross
income" means, except as excluded in division
(C)(7)(12)
of
this section, the total of all earned and unearned
income from all sources during a calendar year, whether or
not the income is taxable, and includes income from salaries, wages,
overtime pay, and bonuses to the extent described in division
(D) of section 3119.05 of the Revised Code; commissions;
royalties; tips; rents; dividends; severance pay; pensions;
interest; trust income; annuities; social security benefits,
including retirement, disability, and survivor benefits
that are not means-tested; workers' compensation benefits;
unemployment insurance benefits; disability insurance benefits;
benefits that are not means-tested and that are received
by and in the possession of the veteran who is the beneficiary
for any service-connected disability under a program or
law administered by the United States department of veterans' affairs
or veterans' administration; spousal support actually received;
and all other sources of income. "Gross income" includes
income of members of any branch of the United States armed
services or national guard, including, amounts representing
base pay, basic allowance for quarters, basic allowance
for subsistence, supplemental subsistence allowance, cost
of living adjustment, specialty pay, variable housing allowance,
and pay for training or other types of required drills;
self-generated income; and potential cash flow from any source.
"Gross income" does not include any of the following:
(a) Benefits received from means-tested government administered programs, including Ohio works first; prevention, retention, and contingency; means-tested veterans' benefits; supplemental security income; supplemental nutrition assistance program; disability financial assistance; or other assistance for which eligibility is determined on the basis of income or assets;
(b) Benefits for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration that are not means-tested, that have not been distributed to the veteran who is the beneficiary of the benefits, and that are in the possession of the United States department of veterans' affairs or veterans' administration;
(c)
Child support amounts
received
for children who
were not
born or adopted during the marriage at issue
are not included
in the current calculation;
(d) Amounts paid for mandatory deductions from wages such as union dues but not taxes, social security, or retirement in lieu of social security;
(e) Nonrecurring or unsustainable income or cash flow items;
(f) Adoption assistance and foster care maintenance payments made pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended.
(8)
(13)
"Nonrecurring
or unsustainable income or cash flow
item" means an income or cash flow item the parent receives in
any year or for any number of years not to exceed three years that
the parent does not expect to continue to receive on a regular
basis. "Nonrecurring or unsustainable income or cash flow
item" does not include a lottery prize award that is not paid
in a lump sum or any other item of income or cash flow that the
parent receives or expects to receive for each year for a period
of more than three years or that the parent receives and invests
or otherwise uses to produce income or cash flow for a period
of more than three years.
(9)(14)
"Ordinary
medical expenses" includes copayments
and
deductibles, and uninsured medical-related costs for the children
of the order.
(15)(a) "Ordinary and necessary expenses incurred in generating gross receipts" means actual cash items expended by the parent or the parent's business and includes depreciation expenses of business equipment as shown on the books of a business entity.
(b)
Except as specifically included in "ordinary and necessary
expenses incurred in generating gross receipts" by division
(C)(9)(15)(a)
of this section, "ordinary and necessary expenses
incurred in generating gross receipts" does not include
depreciation
expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the parent's
business.
(10)
(16)
"Personal
earnings" means compensation paid or payable
for personal services, however denominated, and includes wages,
salary, commissions, bonuses, draws against commissions, profit
sharing, vacation pay, or any other compensation.
(11)
(17)
"Potential
income" means both of the following for
a parent who the court pursuant to a court support order, or a
child support enforcement agency pursuant to an administrative child
support order, determines is voluntarily unemployed or voluntarily
underemployed:
(a) Imputed income that the court or agency determines the parent would have earned if fully employed as determined from the following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if any;
(iv) The availability of employment in the geographic area in which the parent resides;
(v) The prevailing wage and salary levels in the geographic area in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the ability to earn the imputed income;
(viii) The age and special needs of the child for whom child support is being calculated under this section;
(ix) The parent's increased earning capacity because of experience;
(x) The parent's decreased earning capacity because of a felony conviction;
(xi) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of a parent, as determined from the local passbook savings rate or another appropriate rate as determined by the court or agency, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised Code, if the income is significant.
(12)
(19)
(18)
"Schedule"
means the basic child support schedule
set
forth in created
pursuant to section
3119.021 of the
Revised Code.
(13)
(19)
"Self-generated
income" means gross receipts received
by a parent from self-employment, proprietorship of a business,
joint ownership of a partnership or closely held corporation,
and rents minus ordinary and necessary expenses incurred
by the parent in generating the gross receipts. "Self-generated
income" includes expense reimbursements or in-kind payments
received by a parent from self-employment, the operation
of a business, or rents, including company cars, free housing,
reimbursed meals, and other benefits, if the reimbursements
are significant and reduce personal living expenses.
(14)
(20)
"Self-sufficiency
reserve" means the minimal amount
necessary for an obligor to adequately subsist upon, as determined
under section 3119.021 of the Revised Code.
(21) "Split parental rights and responsibilities" means a situation in which there is more than one child who is the subject of an allocation of parental rights and responsibilities and each parent is the residential parent and legal custodian of at least one of those children.
(15)
(22)
"Worksheet"
means the applicable worksheet
created
in rules adopted under section 3119.022 of the Revised Code
that is used to calculate a parent's child support obligation
as
set forth in sections 3119.022 and 3119.023 of the Revised
Code.
Sec.
3119.02.
In any action in which a court child support order
is issued or modified, in any other proceeding in which the
court determines the amount of child support that will be ordered
to be paid pursuant to a child support order, or when a child
support enforcement agency determines the amount of child support
that will be
ordered to be
paid pursuant to an administrative
child support order, issues
a new administrative child
support order, or issues a modified administrative child support
order, the
court or agency shall calculate the amount of the
obligor's
parents'
child
support obligation
and
cash medical support
in
accordance with the basic child support schedule, the applicable
worksheet, and the other provisions of sections
3119.02
to 3119.24 Chapter
3119. of
the Revised Code. The court or
agency shall specify the support obligation as a monthly amount
due and shall order the support obligation to be paid in periodic
increments as it determines to be in the best interest of
the children. In performing its duties under this section, the
court or agency is not required to accept any calculations in
a worksheet prepared by any party to the action or proceeding.
Sec.
3119.021.
(A)
The
following
director
of the department
of job and family services shall create, by rule adopted
in accordance with Chapter 119. of the Revised Code, a basic
child support schedule based
on the parents' combined annual
income and a self-sufficiency reserve that shall
be used by
all courts and child support enforcement agencies when calculating
the amount of child support to be paid pursuant to a child
support order, unless the combined gross
annual
income
of the
parents is less than
sixty-six
hundred dollars the
minimum guidelines
income
listed
on the schedule
or
more than
one
hundred
fifty thousand dollars:
Basic
Child Support Schedule
Combined Gross Number
of
Children Income One Two Three Four Five Six 6600 600 600 600 600 600 600 7200 600 600 600 600 600 600 7800 600 600 600 600 600 600 8400 600 600 600 600 600 600 9000 849 859 868 878 887 896 9600 1259 1273 1287 1301 1315 1329 10200 1669 1687 1706 1724 1743 1761 10800 2076 2099 2122 2145 2168 2192 11400 2331 2505 2533 2560 2588 2616 12000 2439 2911 2943 2975 3007 3039 12600 2546 3318 3354 3390 3427 3463 13200 2654 3724 3765 3806 3846 3887 13800 2761 4029 4175 4221 4266 4311 14400 2869 4186 4586 4636 4685 4735 15000 2976 4342 4996 5051 5105 5159 15600 3079 4491 5321 5466 5524 5583 16200 3179 4635 5490 5877 5940 6003 16800 3278 4780 5660 6254 6355 6423 17400 3378 4924 5830 6442 6771 6843 18000 3478 5069 5999 6629 7186 7262 18600 3578 5213 6169 6816 7389 7682 19200 3678 5358 6339 7004 7592 8102 19800 3778 5502 6508 7191 7796 8341 20400 3878 5647 6678 7378 7999 8558 21000 3977 5790 6847 7565 8201 8774 21600 4076 5933 7015 7750 8402 8989 22200 4176 6075 7182 7936 8602 9204 22800 4275 6216 7345 8116 8798 9413 23400 4373 6357 7509 8297 8994 9623 24000 4471 6498 7672 8478 9190 9832 24600 4570 6639 7836 8658 9386 10042 25200 4668 6780 8000 8839 9582 10251 25800 4767 6920 8163 9020 9778 10461 26400 4865 7061 8327 9200 9974 10670 27000 4963 7202 8490 9381 10170 10880 27600 5054 7332 8642 9548 10351 11074 28200 5135 7448 8776 9697 10512 11246 28800 5216 7564 8911 9845 10673 11418 29400 5297 7678 9045 9995 10833 11592 30000 5377 7792 9179 10143 10994 11764 30600 5456 7907 9313 10291 11154 11936 31200 5535 8022 9447 10439 11315 12107 31800 5615 8136 9581 10587 11476 12279 32400 5694 8251 9715 10736 11636 12451 33000 5774 8366 9849 10884 11797 12623 33600 5853 8480 9983 11032 11957 12794 34200 5933 8595 10117 11180 12118 12966 34800 6012 8709 10251 11328 12279 13138 35400 6091 8824 10385 11476 12439 13310 36600 6250 9053 10653 11772 12761 13653 37200 6330 9168 10787 11920 12921 13825 37800 6406 9275 10913 12058 13071 13988 38400 6447 9335 10984 12137 13156 14079 39000 6489 9395 11055 12215 13242 14170 39600 6530 9455 11126 12294 13328 14261 40200 6571 9515 11197 12373 13413 14353 40800 6613 9575 11268 12451 13499 14444 41400 6653 9634 11338 12529 13583 14534 42000 6694 9693 11409 12607 13667 14624 42600 6735 9752 11479 12684 13752 14714 43200 6776 9811 11549 12762 13836 14804 43800 6817 9871 11619 12840 13921 14894 44400 6857 9930 11690 12917 14005 14985 45000 6898 9989 11760 12995 14090 15075 45600 6939 10049 11830 13073 14174 15165 46200 6978 10103 11897 13146 14251 15250 46800 7013 10150 11949 13203 14313 15316 47400 7048 10197 12000 13260 14375 15382 48000 7083 10245 12052 13317 14437 15448 48600 7117 10292 12103 13374 14498 15514 49200 7152 10339 12155 13432 14560 15580 49800 7187 10386 12206 13489 14622 15646 50400 7222 10433 12258 13546 14684 15712 51000 7257 10481 12309 13603 14745 15778 51600 7291 10528 12360 13660 14807 15844 52200 7326 10575 12412 13717 14869 15910 52800 7361 10622 12463 13774 14931 15976 53400 7396 10669 12515 13832 14992 16042 54000 7431 10717 12566 13889 15054 16108 54600 7468 10765 12622 13946 15120 16178 55200 7524 10845 12716 14050 15232 16298 55800 7582 10929 12814 14159 15350 16425 56400 7643 11016 12918 14273 15474 16558 57000 7704 11104 13021 14388 15598 16691 57600 7765 11192 13125 14502 15722 16824 58200 7825 11277 13225 14613 15842 16953 58800 7883 11361 13324 14723 15961 17079 59400 7941 11445 13423 14832 16079 17206 60000 8000 11529 13522 14941 16197 17333 60600 8058 11612 13620 15050 16315 17460 61200 8116 11696 13719 15160 16433 17587 61800 8175 11780 13818 15269 16552 17714 62400 8233 11864 13917 15378 16670 17840 63000 8288 11945 14011 15481 16783 17958 63600 8344 12024 14102 15582 16893 18075 64200 8399 12103 14194 15683 17002 18193 64800 8454 12183 14285 15784 17111 18310 65400 8510 12262 14376 15885 17220 18427 66000 8565 12341 14468 15986 17330 18544 66600 8620 12421 14559 16087 17439 18661 67200 8676 12500 14650 16188 17548 18778 67800 8731 12579 14741 16289 17657 18895 68400 8786 12659 14833 16390 17767 19012 69000 8842 12738 14924 16491 17876 19129 69600 8897 12817 15015 16592 17985 19246 70200 8953 12897 15107 16693 18094 19363 70800 9008 12974 15196 16791 18201 19476 71400 9060 13047 15281 16885 18302 19585 72000 9111 13120 15366 16979 18404 19694 72600 9163 13194 15451 17073 18506 19803 73200 9214 13267 15536 17167 18608 19912 73800 9266 13340 15621 17261 18709 20021 74400 9318 13413 15706 17355 18811 20130 75000 9369 13487 15791 17449 18913 20239 75600 9421 13560 15876 17543 19015 20347 76200 9473 13633 15961 17636 19116 20456 76800 9524 13707 16046 17730 19218 20565 77400 9576 13780 16131 17824 19320 20674 78000 9627 13853 16216 17918 19422 20783 78600 9679 13927 16300 18012 19523 20892 79200 9731 14000 16385 18106 19625 21001 79800 9782 14073 16470 18200 19727 21109 80400 9834 14147 16555 18294 19829 21218 81000 9885 14220 16640 18387 19930 21326 81600 9936 14292 16723 18480 20030 21434 82200 9987 14364 16807 18573 20131 21541 82800 10038 14439 16891 18665 20235 21651 83400 10090 14514 16979 18762 20340 21763 84000 10142 14589 17066 18859 20444 21875 84600 10194 14663 17154 18956 20549 21987 85200 10246 14738 17241 19052 20653 22099 85800 10298 14813 17329 19149 20758 22211 86400 10350 14887 17417 19246 20863 22323 87000 10403 14962 17504 19343 20967 22435 87600 10455 15037 17592 19440 21072 22547 88200 10507 15111 17679 19537 21176 22659 88800 10559 15186 17767 19633 21281 22771 89400 10611 15261 17855 19730 21386 22883 90000 10663 15335 17942 19827 21490 22995 90600 10715 15410 18030 19924 21595 23107 91200 10767 15485 18118 20021 21700 23219 91800 10819 15559 18205 20118 21804 23331 92400 10872 15634 18293 20215 21909 23443 93000 10924 15709 18380 20311 22013 23555 93600 10976 15783 18468 20408 22118 23667 94200 11028 15858 18556 20505 22223 23779 94800 11080 15933 18643 20602 22327 23891 95400 11132 16007 18731 20699 22432 24003 96000 11184 16082 18818 20796 22536 24115 96600 11236 16157 18906 20892 22641 24227 97200 11289 16231 18994 20989 22746 24339 97800 11341 16306 19081 21086 22850 24451 98400 11393 16381 19169 21183 22955 24563 99000 11446 16450 19255 21279 23062 24676 99600 11491 16516 19334 21366 23156 24777 100200 11536 16583 19413 21453 23250 24878 100800 11581 16649 19491 21539 23345 24978 101400 11625 16714 19569 21625 23437 25077 102000 11670 16779 19646 21710 23530 25177 102600 11714 16844 19724 21796 23623 25276 103200 11759 16909 19801 21881 23715 25375 103800 11803 16974 19879 21967 23808 25475 104400 11847 17039 19956 22052 23901 25574 105000 11892 17104 20034 22138 23994 25673 105600 11934 17167 20108 22220 24083 25769 106200 11979 17232 20186 22305 24176 25868 106800 12023 17297 20263 22391 24269 25968 107400 12068 17362 20341 22476 24361 26067 108000 12110 17425 20415 22559 24451 26162 108600 12155 17490 20493 22644 24543 26262 109200 12199 17555 20570 22730 24636 26361 109800 12243 17620 20648 22815 24729 26460 110400 12286 17683 20722 22897 24818 26556 111000 12331 17748 20800 22983 24911 26655 111600 12375 17813 20877 23068 25004 26755 112200 12419 17878 20955 23154 25096 26854 112800 12462 17941 21029 23236 25186 26949 113400 12506 18006 21107 23322 25278 27049 114000 12551 18071 21184 23407 25371 27148 114600 12595 18136 21262 23493 25464 27247 115200 12640 18202 21339 23578 25557 27347 115800 12682 18264 21414 23660 25646 27442 116400 12727 18329 21491 23746 25739 27542 117000 12771 18394 21569 23831 25832 27641 117600 12815 18460 21646 23917 25924 27740 118200 12858 18522 21721 23999 26013 27836 118800 12902 18587 21798 24084 26106 27935 119400 12947 18652 21876 24170 26199 28034 120000 12991 18718 21953 24256 26292 28134 120600 13034 18780 22028 24338 26381 28229 121200 13078 18845 22105 24423 26474 28329 121800 13123 18910 22183 24509 26567 28428 122400 13167 18976 22260 24594 26659 28527 123000 13210 19038 22335 24676 26749 28623 123600 13254 19103 22412 24762 26841 28722 124200 13299 19168 22490 24847 26934 28821 124800 13343 19234 22567 24933 27027 28921 125400 13386 19296 22642 25015 27116 29016 126000 13430 19361 22719 25101 27209 29115 126600 13474 19426 22797 25186 27302 29215 127200 13519 19492 22874 25272 27395 29314 127800 13561 19554 22949 25354 27484 29410 128400 13606 19619 23026 25439 27576 29509 129000 13650 19684 23104 25525 27669 29608 129600 13695 19750 23181 25610 27762 29708 130200 13739 19815 23259 25696 27855 29807 130800 13783 19879 23335 25780 27946 29905 131400 13828 19945 23414 25868 28041 30007 132000 13874 20012 23494 25955 28136 30108 132600 13919 20079 23573 26043 28231 30210 133200 13963 20143 23649 26127 28323 30308 133800 14008 20210 23729 26215 28418 30410 134400 14054 20276 23808 26302 28513 30511 135000 14099 20343 23887 26390 28608 30613 135600 14143 20407 23964 26474 28699 30711 136200 14188 20474 24043 26561 28794 30813 136800 14234 20541 24123 26649 28889 30914 137400 14279 20607 24202 26737 28984 31016 138000 14323 20671 24278 26821 29075 31114 138600 14368 20738 24358 26908 29170 31215 139200 14414 20805 24437 26996 29265 31317 139800 14459 20872 24516 27083 29361 31419 140400 14503 20936 24593 27168 29452 31517 141000 14549 21002 24672 27255 29547 31618 141600 14594 21069 24751 27343 29642 31720 142200 14639 21136 24831 27430 29737 31822 142800 14683 21200 24907 27515 29828 31920 143400 14729 21267 24986 27602 29923 32021 144000 14774 21333 25066 27690 30018 32123 144600 14820 21400 25145 27777 30113 32225 145200 14865 21467 25225 27865 30208 32327 145800 14909 21531 25301 27949 30300 32424 146400 14963 21596 25377 28041 30396 32526 147000 15006 21659 25452 28124 30486 32622 147600 15049 21722 25527 28207 30576 32718 148200 15090 21782 25599 28286 30662 32810 148800 15133 21845 25674 28369 30752 32907 149400 15176 21908 25749 28452 30842 33003 150000 15218 21971 25823 28534 30931 33099
the
maximum guidelines
income
listed
on the schedule.
(B)(1) The basic child support schedule created under division (A) of this section shall consist of a table containing a guidelines income column followed by six columns for the total number of children subject to the order. The table shall begin at a guidelines income of $8,400 and increase at $600 increments through a guidelines income of $300,000. The child support obligation amount shall be contained at each intersection of the guidelines income row with the column containing the number of children subject to the order. The department shall derive the child support obligation amounts by multiplying the guidelines income amount at $600 increments by the basic obligation percentages listed for each income range, for each child, as indicated below:
(a) For one child:
GUIDELINES INCOME BASIC OBLIGATION
$11,510.40 or less 19.193% of the amount of income
More than $11,510.40, but Income of $11,510.40 multiplied by
not more than $39,044.16 19.193% plus 16.047% of the amount of
income in excess of $11,510.40
More than $39,044.16 but Income of $39,044.16 multiplied by
not more than $49,984.92 16.974% plus 14.788% of the amount of
income in excess of $39,044.16
More than $49,984.92 but Income of $49,984.92 multiplied by
not more than $58,239.48 16.496% plus 11.039% of the amount of
income in excess of $49,984.92
More than $58,239.48 but Income of $58,239.48 multiplied by
not more than $66,433.56 15.722% plus 7.167% of the amount of
income in excess of $58,239.48
More than $66,433.56 but Income of $66,433.56 multiplied by
not more than $78,814.80 14.667% plus 5.915% of the amount of
income in excess of $66,433.56
More than $78,814.80 but Income of $78,814.80 multiplied by
not more than $91,196.16 13.292% plus 8.162% of the amount of
income in excess of $78,814.80
More than $91,196.16 but Income of $91,196.16 multiplied by
not more than $99,495.72 12.596% plus 4.377% of the amount of
income in excess of $91,196.16
More than $99,495.72 but Income of $99,495.72 multiplied by
not more than $108,267.96 11.910% plus 2.057% of the amount of
income in excess of $99,495.72
More than $108,267.96 but Income of $108,267.96 multiplied by
not more than $121,158.48 11.112% plus 7.636% of the amount of
income in excess of $108,267.96
More than $121,158.48 but Income of $121,158.48 multiplied by
not more than $133,213.56 10.742% plus 8.458% of the amount of
income in excess of $121,158.48
More than $133,213.56 but Income of $133,213.56 multiplied by
not more than $145,268.76 10.535% plus 5.620% of the amount of
income in excess of $133,213.56
More than $145,268.76 but Income of $145,268.76 multiplied by
not more than $161,342.28 10.127% plus 6.293% of the amount of
income in excess of $145,268.76
More than $161,342.28 but Income of $161,342.28 multiplied by
not more than $177,417.24 9.745% plus 5.562% of the amount of
income in excess of $161,342.28
More than $177,417.24 but Income of $177,417.24 multiplied by
not more than $193,489.32 9.366% plus 7.068% of the amount of
income in excess of $177,417.24
More than $193,489.32 but Income of $193,489.32 multiplied by
not more than $219,296.76 9.175% plus 2.815% of the amount of
income in excess of $193,489.32
More than $219,296.76 but Income of $219,296.76 multiplied by
not more than $258,292.92 8.427% plus 4.394% of the amount of
income in excess of $219,296.76
More than $258,292.92 but Income of $258,292.92 multiplied by
not more than $336,467.04 7.818% plus 3.761% of the amount of
income in excess of $258,292.92
(b) For two children:
GUIDELINES INCOME BASIC OBLIGATION
$11,510.40 or less 29.209% of the amount of income
More than $11,510.40 but not Income of $11,510.40 multiplied by
more than $39,044.16 29.209% plus 24.327% of the amount of
income in excess of $11,510.40
More than $39,044.16 but not Income of $39,044.16 multiplied by
more than $49,984.92 25.776% plus 21.938% of the amount of
income in excess of $39,044.16
More than $49,984.92 but not Income of $49,984.92 multiplied by
more than $58,239.48 24.928% plus 15.953% of the amount of
income in excess of $49,984.92
More than $58,239.48 but not Income of $58,239.48 multiplied by
more than $66,433.56 23.656% plus 9.625% of the amount of
income in excess of $58,239.48
More than $66,433.56 but not Income of $66,433.56 multiplied by
more than $78,814.80 21.926% plus 8.545% of the amount of
income in excess of $66,433.56
More than $78,814.80 but not Income of $78,814.80 multiplied by
more than $91,196.16 19.824% plus 12.507% of the amount of
income in excess of $78,814.80
More than $91,196.16 but not Income of $91,196.16 multiplied by
more than $99,495.72 18.830% plus 5.263% of the amount of
income in excess of $91,196.16
More than $99,495.72 but not Income of $99,495.72 multiplied by
more than $108,267.96 17.699% plus 2.955% of the amount of
income in excess of $99,495.72
More than $108,267.96 but Income of $108,267.96 multiplied by
not more than $121,158.48 16.504% plus 11.607% of the amount of
income in excess of $108,267.96
More than $121,158.48 but Income of $121,158.48 multiplied by
not more than $133,213.56 15.983% plus 12.776% of the amount of
income in excess of $121,158.48
More than $133,213.56 but Income of $133,213.56 multiplied by
not more than $145,268.76 15.693% plus 7.608% of the amount of
income in excess of $133,213.56
More than $145,268.76 but Income of $145,268.76 multiplied by
not more than $161,342.28 15.022% plus 9.323% of the amount of
income in excess of $145,268.76
More than $161,342.28 but Income of $161,342.28 multiplied by
not more than $177,417.24 14.454% plus 9.180% of the amount of
income in excess of $161,342.28
More than $177,417.24 but Income of $177,417.24 multiplied by
not more than $193,489.32 13.976% plus 9.536% of the amount of
income in excess of $177,417.24
More than $193,489.32 but Income of $193,489.32 multiplied by
not more than $219,296.76 13.607% plus 4.327% of the amount of
income in excess of $193,489.32
More than $219,296.76 but Income of $219,296.76 multiplied by
not more than $258,292.92 12.515% plus 5.952% of the amount of
income in excess of $219,296.76
More than $258,292.92 but Income of $258,292.92 multiplied by
not more than $336,467.04 11.524% plus 6.081% of the amount of
income in excess of $258,292.92
(c) For three children:
GUIDELINES INCOME BASIC OBLIGATION
$11,510.40 or less 35.410% of the amount of income
More than $11,510.40 but Income of $11,510.40 multiplied by
not more than $39,044.16 35.410% plus 29.128% of the amount of
income in excess of $11,510.40
More than $39,044.16 but Income of $39,044.16 multiplied by
not more than $49,984.92 30.980% plus 25.763% of the amount of
income in excess of $39,044.16
More than $49,984.92 but Income of $49,984.92 multiplied by
not more than $58,239.48 29.838% plus 18.202% of the amount of
income in excess of $49,984.92
More than $58,239.48 but Income of $58,239.48 multiplied by
not more than $66,433.56 28.189% plus 10.034% of the amount of
income in excess of $58,239.48
More than $66,433.56 but Income of $66,433.56 multiplied by
not more than $78,814.80 25.950% plus 9.747% of the amount of
income in excess of $66,433.56
More than $78,814.80 but Income of $78,814.80 multiplied by
not more than $91,196.16 23.404% plus 15.193% of the amount of
income in excess of $78,814.80
More than $91,196.16 but Income of $91,196.16 multiplied by
not more than $99,495.72 22.290% plus 4.632% of the amount of
income in excess of $91,196.16
More than $99,495.72 but Income of $99,495.72 multiplied by
not more than $108,267.96 20.817% plus 3.351% of the amount of
income in excess of $99,495.72
More than $108,267.96 but Income of $108,267.96 multiplied by
not more than $121,158.48 19.401% plus 13.987% of the amount of
income in excess of $108,267.96
More than $121,158.48 but Income of $121,158.48 multiplied by
not more than $133,213.56 18.825% plus 15.296% of the amount of
income in excess of $121,158.48
More than $133,213.56 but Income of $133,213.56 multiplied by
not more than $145,268.76 18.506% plus 8.018% of the amount of
income in excess of $133,213.56
More than $145,268.76 but Income of $145,268.76 multiplied by
not more than $161,342.28 17.636% plus 10.937% of the amount of
income in excess of $145,268.76
More than $161,342.28 but Income of $161,342.28 multiplied by
not more than $177,417.24 16.968% plus 11.954% of the amount of
income in excess of $161,342.28
More than $177,417.24 but Income of $177,417.24 multiplied by
not more than $193,489.32 16.541% plus 10.010% of the amount of
income in excess of $177,417.24
More than $193,489.32 but Income of $193,489.32 multiplied by
not more than $219,296.76 15.974% plus 5.274% of the amount of
income in excess of $193,489.32
More than $219,296.76 but Income of $219,296.76 multiplied by
not more than $258,292.92 14.715% plus 6.280% of the amount of
income in excess of $219,296.76
More than $258,292.92 but Income of $258,292.92 multiplied by
not more than $336,467.04 13.441% plus 7.776% of the amount of
income in excess of $258,292.92
(d) For four children:
GUIDELINES INCOME BASIC OBLIGATION
$11,510.40 or less 39.553% of the amount of income
More than $11,510.40 but Income of $11,510.40 multiplied by
not more than $39,044.16 39.553% plus 32.536% of the amount of
income in excess of $11,510.40
More than $39,044.16 but Income of $39,044.16 multiplied by
not more than $49,984.92 34.605% plus 28.778% of the amount of
income in excess of $39,044.16
More than $49,984.92 but Income of $49,984.92 multiplied by
not more than $58,239.48 33.329% plus 20.331% of the amount of
income in excess of $49,984.92
More than $58,239.48 but Income of $58,239.48 multiplied by
not more than $66,433.56 31.487% plus 11.208% of the amount of
income in excess of $58,239.48
More than $66,433.56 but Income of $66,433.56 multiplied by
not more than $78,814.80 28.986% plus 10.887% of the amount of
income in excess of $66,433.56
More than $78,814.80 but Income of $78,814.80 multiplied by
not more than $91,196.16 26.143% plus 16.971% of the amount of
income in excess of $78,814.80
More than $91,196.16 but Income of $91,196.16 multiplied by
not more than $99,495.72 24.897% plus 5.174% of the amount of
income in excess of $91,196.16
More than $99,495.72 but Income of $99,495.72 multiplied by
not more than $108,267.96 23.252% plus 3.743% of the amount of
income in excess of $99,495.72
More than $108,267.96 but Income of $108,267.96 multiplied by
not more than $121,158.48 21.671% plus 15.623% of the amount of
income in excess of $108,267.96
More than $121,158.48 but Income of $121,158.48 multiplied by
not more than $133,213.56 21.028% plus 17.086% of the amount of
income in excess of $121,158.48
More than $133,213.56 but Income of $133,213.56 multiplied by
not more than $145,268.76 20.671% plus 8.957% of the amount of
income in excess of $133,213.56
More than $145,268.76 but Income of $145,268.76 multiplied by
not more than $161,342.28 19.699% plus 12.217% of the amount of
income in excess of $145,268.76
More than $161,342.28 but Income of $161,342.28 multiplied by
not more than $177,417.24 18.954% plus 13.353% of the amount of
income in excess of $161,342.28
More than $177,417.24 but Income of $177,417.24 multiplied by
not more than $193,489.32 18.446% plus 11.181% of the amount of
income in excess of $177,417.24
More than $193,489.32 but Income of $193,489.32 multiplied by
not more than $219,296.76 17.843% plus 5.891% of the amount of
income in excess of $193,489.32
More than $219,296.76 but Income of $219,296.76 multiplied by
not more than $258,292.92 16.436% plus 7.015% of the amount of
income in excess of $219,296.76
More than $258,292.92 but Income of $258,292.92 multiplied by
not more than $336,467.04 15.014% plus 8.686% of the amount of
income in excess of $258,292.92
(e) For five children:
GUIDELINES INCOME BASIC OBLIGATION
$11,510.40 or less 43.508% of the amount of income
More than $11,510.40 but Income of $11,510.40 multiplied by
not more than $39,044.16 43.508% plus 35.790% of the amount of
income in excess of $11,510.40
More than $39,044.16 but Income of $39,044.16 multiplied by
not more than $49,984.92 38.065% plus 31.656% of the amount of
income in excess of $39,044.16
More than $49,984.92 but Income of $49,984.92 multiplied by
not more than $58,239.48 36.662% plus 22.365% of the amount of
income in excess of $49,984.92
More than $58,239.48 but Income of $58,239.48 multiplied by
not more than $66,433.56 34.636% plus 12.329% of the amount of
income in excess of $58,239.48
More than $66,433.56 but Income of $66,433.56 multiplied by
not more than $78,814.80 31.884% plus 11.976% of the amount of
income in excess of $66,433.56
More than $78,814.80 but Income of $78,814.80 multiplied by
not more than $91,196.16 28.757% plus 18.668% of the amount of
income in excess of $78,814.80
More than $91,196.16 but Income of $91,196.16 multiplied by
not more than $99,495.72 27.387% plus 5.692% of the amount of
income in excess of $91,196.16
More than $99,495.72 but Income of $99,495.72 multiplied by
not more than $108,267.96 25.577% plus 4.117% of the amount of
income in excess of $99,495.72
More than $108,267.96 but Income of $108,267.96 multiplied by
not more than $121,158.48 23.839% plus 17.186% of the amount of
income in excess of $108,267.96
More than $121,158.48 but Income of $121,158.48 multiplied by
not more than $133,213.56 23.131% plus 18.794% of the amount of
income in excess of $121,158.48
More than $133,213.56 but Income of $133,213.56 multiplied by
not more than $145,268.76 22.738% plus 9.852% of the amount
income in excess of $133,213.56
More than $145,268.76 but Income of $145,268.76 multiplied by
not more than $161,342.28 21.669% plus 13.438% of the amount of
income in excess of $145,268.76
More than $161,342.28 but Income of $161,342.28 multiplied by
not more than $177,417.24 20.849% plus 14.688% of the amount of
income in excess of $161,342.28
More than $177,417.24 but Income of $177,417.24 multiplied by
not more than $193,489.32 20.291% plus 12.299% of the amount of
income in excess of $177,417.24
More than $193,489.32 but Income of $193,489.32 multiplied by
not more than $219,296.76 19.627% plus 6.480% of the amount of
income in excess of $193,489.32
More than $219,296.76 but Income of $219,296.76 multiplied by
not more than $258,292.92 18.080% plus 7.716% of the amount of
income in excess of $219,296.76
More than $258,292.92 but Income of $258,292.92 multiplied by
not more than $336,467.04 16.515% plus 9.555% of the amount of
income in excess of $258,292.92
(f) For six children
GUIDELINES INCOME BASIC OBLIGATION
$11,510.40 or less 47.293% of the amount of income
More than $11,510.40 but Income of $11,510.40 multiplied by
not more than $39,044.16 47.293% plus 38.904% of the amount of
income in excess of $11,510.40
More than $39,044.16 but Income of $39,044.16 multiplied by
not more than $49,984.92 41.377% plus 34.410% of the amount of
income in excess of $39,044.16
More than $49,984.92 but Income of $49,984.92 multiplied by
not more than $58,239.48 39.852% plus 24.310% of the amount of
income in excess of $49,984.92
More than $58,239.48 but Income of $58,239.48 multiplied by
not more than $66,433.56 37.649% plus 13.402% of the amount of
income in excess of $58,239.48
More than $66,433.56 but Income of $66,433.56 multiplied by
not more than $78,814.80 34.658% plus 13.018% of the amount of
income in excess of $66,433.56
More than $78,814.80 but Income of $78,814.80 multiplied by
not more than $91,196.16 31.259% plus 20.292% of the amount of
income in excess of $78,814.80
More than $91,196.16 but Income of $91,196.16 multiplied by
not more than $99,495.72 29.770% plus 6.187% of the amount of
income in excess of $91,196.16
More than $99,495.72 but Income of $99,495.72 multiplied by
not more than $108,267.96 27.803% plus 4.475% of the amount of
income in excess of $99,495.72
More than $108,267.96 but Income of $108,267.96 multiplied by
not more than $121,158.48 25.913% plus 18.681% of the amount of
income in excess of $108,267.96
More than $121,158.48 but Income of $121,158.48 multiplied by
not more than $133,213.56 25.143% plus 20.430% of the amount of
income in excess of $121,158.48
More than $133,213.56 but Income of $133,213.56 multiplied by
not more than $145,268.76 24.717% plus 10.709% of the amount of
income in excess of $133,213.56
More than $145,268.76 but Income of $145,268.76 multiplied by
not more than $161,342.28 23.554% plus 14.608% of the amount of
income in excess of $145,268.76
More than $161,342.28 but Income of $161,342.28 multiplied by
not more than $177,417.24 22.663% plus 15.966% of the amount of
income in excess of $161,342.28
More than $177,417.24 but Income of $177,417.24 multiplied by
not more than $193,489.32 22.056% plus 13.369% of the amount of
income in excess of $177,417.24
More than $193,489.32 but Income of $193,489.32 multiplied by
not more than $219,296.76 21.334% plus 7.044% of the amount of
income in excess of $193,489.32
More than $219,296.76 but Income of $219,296.76 multiplied by
not more than $258,292.92 19.653% plus 8.387% of the amount of
income in excess of $219,296.76
More than $258,292.92 but Income of $258,292.92 multiplied by
not more than $336,467.04 17.952% plus 10.386% of the amount of
income in excess of $258,292.92
(2) The basic child support schedule shall incorporate a self-sufficiency reserve based on one hundred sixteen per cent of the federal poverty level amount for a single person as reported by the United States department of health and human services in calendar year 2016. In order to incorporate the self-sufficiency reserve, the department shall apply the calculation described in division (B)(1) of this section to develop an unadjusted schedule and then apply the following steps to incorporate the self-sufficiency reserve:
(a) For a guideline income of eight thousand four hundred dollars or less, the schedule amount shall be the minimum order amount as provided in section 3119.06 of the Revised Code.
(b) For a guideline income greater than eight thousand four hundred dollars but not greater than one hundred sixteen per cent of the federal poverty level for a single person, the schedule amount shall be the product of the following formula:
sliding scale multiplier X (guideline income - $8,400) + annual minimum support amount under section 3119.06 of the Revised Code
(c) For a guideline income greater than one hundred sixteen per cent of the federal poverty level for a single person, the schedule amount shall be the lesser of the following:
(i) The higher resulting product of the following formulas:
(guideline income - 116% of federal poverty level) X 0.3
sliding scale multiplier X (guideline income - $8,400) + annual minimum support amount under section 3119.06 of the Revised Code
(ii) The unadjusted schedule amount created in accordance with division (B)(1) of this section.
(d) The sliding scale multipliers required for the formulas in divisions (B)(2)(b) and (c) of this section are as follows:
(i) For one child: five per cent;
(ii) For two children: ten per cent;
(iii) For three children: twelve per cent;
(iv) For four children: thirteen per cent;
(v) For five children: fourteen per cent;
(vi) For six or more children: fifteen per cent.
(C) Every four years after the effective date of this section, the department shall update the basic child support schedule and self-sufficiency reserve to reflect United States department of labor changes in the CPI-U and for changes in the federal poverty level amount for a single person as reported by the United States department of health and human services.
(1) When updating the basic child support schedule for the most recent CPI-U, the department of job and family services shall update the figures in the guidelines income column for the percentage difference between the most recent CPI-U and the March 2015 CPI-U.
(2) When updating the self-sufficiency reserve incorporated into the basic child support schedule, the department shall set the self-sufficiency reserve based on one hundred sixteen per cent of the federal poverty level for a single person as reported by the United States department of health and human services in the most recent calendar year.
Sec. 3119.022. The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code governing the creation of child support guidelines worksheets and instructions that incorporate the requirements of Chapter 3119. of the Revised Code for the calculation of child support and cash medical support obligations. In addition, the department shall:
(A) Adopt standard worksheet forms that shall be used in all courts and child support enforcement agencies when calculating child support and cash medical support obligations; and
(B) Adopt a standard instruction manual to provide guidance and assistance to persons calculating support obligations.
The guidelines worksheet and instruction manual may be revised as needed, but shall be revised at least once every five years.
Sec. 3119.023. (A) At least once every four years, the department of job and family services shall review the basic child support schedule issued by the department pursuant to section 3119.021 of the Revised Code to determine whether child support orders issued in accordance with that schedule and the worksheets created under rules adopted under section 3119.022 of the Revised Code adequately provide for the needs of children who are subject to the child support orders. The department may consider the adequacy and appropriateness of the current schedule, whether there are substantial and permanent changes in household consumption and savings patterns, particularly those resulting in substantial and permanent changes in the per cent of total household expenditures on children, and whether there have been substantial and permanent changes to the federal and state income tax code other than inflationary adjustments to such things as the exemption amount and income tax brackets, and other factors when conducting its review. The review is in addition to, and independent of, any schedule update completed as set forth in section 3119.021 of the Revised Code. The department shall prepare a report of its review and include recommendations for statutory changes, and submit a copy of the report to both houses of the general assembly.
(B) For each review, the department shall establish a child support guideline advisory council to assist the department in the completion of its reviews and reports. Each council shall be composed of:
(1) Obligors;
(2) Obligees;
(3) Judges of courts of common pleas who have jurisdiction over domestic relations and juvenile court cases that involve the determination of child support;
(4) Attorneys whose practice includes a significant number of domestic relations or juvenile court cases that involve the determination of child support;
(5) Representatives of child support enforcement agencies;
(6) Other persons interested in the welfare of children;
(7) Three members of the senate appointed by the president of the senate, not more than two of whom are members of the same political party; and
(8) Three members of the house of representatives appointed by the speaker of the house, not more than two of whom are members of the same political party.
(C) The department shall consider input from the council prior to the completion of any report under this section. The department shall submit its report on or before the first day of March of every fourth year after 2015.
(D) The advisory council shall cease to exist at the time that the department submits its review to the general assembly under this section.
(E) Any expenses incurred by an advisory council shall be paid by the department.
Sec.
3119.04.
(A)
If
the combined gross income of both parents
is less than six thousand six hundred dollars per year, the
court or child support enforcement agency shall determine the
amount of the obligor's child support obligation on a case-by-case
basis using the schedule as a guideline. The court or agency
shall review the obligor's gross income and living expenses
to determine the maximum amount of child support that it
reasonably can order without denying the obligor the means for
self-support at a minimum subsistence level and shall order a
specific amount of child support, unless the obligor proves to the
court or agency that the obligor is totally unable to pay child
support, and the court or agency determines that it would be
unjust or inappropriate to order the payment of child support and
enters its determination and supporting findings of fact in the
journal.
(B)
If
the combined gross
annual
income
of both parents is greater
than
one hundred fifty thousand dollars per year
the maximum
annual
income
listed on the basic child support schedule established
pursuant to section 3119.021 of the Revised Code,
the
court, with respect to a court child support order, or the child
support enforcement agency, with respect to an administrative
child support order, shall determine the amount of
the obligor's child support obligation on a case-by-case basis
and shall consider the needs and the standard of living of the
children who are the subject of the child support order and of
the parents. The court or agency shall compute a basic combined
child support obligation that is no less than the obligation
that would have been computed under the basic child support
schedule and applicable worksheet for a combined gross
annual
income
of
one hundred fifty thousand dollars
equal
to the maximum
annual income listed on the basic child support schedule established
pursuant to section 3119.021 of the Revised Code,
unless
the court or agency determines that it would be unjust or
inappropriate
and would
therefore
not
be
in
the best interest of the
child, obligor, or obligee to order that amount. If the court
or agency makes such a determination, it shall enter in the
journal the figure, determination, and findings.
If the combined
annual income of both parents falls below the $8,400 floor
of the basic child support schedule in accordance with section
3119.021 of the Revised Code, the court, with respect to a
court child support order, or the child support enforcement agency,
with respect to an administrative child support order, shall
apply the minimum support amount in accordance with section
3119.06 of the Revised Code.
Sec. 3119.05. When a court computes the amount of child support required to be paid under a court child support order or a child support enforcement agency computes the amount of child support to be paid pursuant to an administrative child support order, all of the following apply:
(A) The parents' current and past income and personal earnings shall be verified by electronic means or with suitable documents, including, but not limited to, paystubs, employer statements, receipts and expense vouchers related to self-generated income, tax returns, and all supporting documentation and schedules for the tax returns.
(B)
The annual
amount
of any pre-existing
child support obligation
of a parent under a child support order and the amount
of any court-ordered
spousal support actually paid,
excluding
any ordered payment on arrears,
shall be deducted from the
gross
annual
income
of that parent to the extent that payment
under
the child support order or that payment of
the
that
court-ordered
spousal support is verified by supporting documentation.
(C)
If other minor children who were born to the parent and
a person other than the other parent who is involved in the immediate
child support determination live with the parent, the court
or agency shall deduct an amount from that parent's gross income
that equals the number of such minor children times the federal
income tax exemption for such children less child support
received for them for the year, not exceeding the federal
income tax exemption
The court or agency shall adjust the
amount of child support paid
by a parent
to
give credit for children
not included in the current calculation.
When calculating
the adjusted amount, the court or agency shall use the
schedule and do the following:
(1) Determine the amount of child support that each parent would be ordered to pay for all children for whom the parent has the legal duty to support, according to each parent's annual income. If the number of children subject to the order is greater than six, multiply the amount for three children in accordance with division (C)(4) of this section to determine the amount of child support.
(2) Compute a child support credit amount for each parent's children who are not subject to this order by dividing the amount determined in division (C)(1) of this section by the total number of children whom the parent is obligated to support and multiplying that number by the number of the parent's children who are not subject to this order.
(3) Determine the adjusted income of the parents by subtracting the credit for minor children not subject to this order computed under division (C)(2) of this section, from the annual income of each parent for the children each has a duty to support that are not subject to this order.
(4) If the number of children is greater than six, multiply the amount for three children by:
(a) 1.440 for seven children;
(b) 1.540 for eight children;
(c) 1.638 for nine children;
(d) 1.734 for ten children;
(e) 1.827 for eleven children;
(f) 1.919 for twelve children;
(g) 2.008 for thirteen children;
(h) 2.096 for fourteen children;
(i) 2.182 for more than fourteen children.
(D)
When the court or agency calculates the gross
annual
income
of a parent, it shall include the lesser of the following as
income from overtime and bonuses:
(1) The yearly average of all overtime, commissions, and bonuses received during the three years immediately prior to the time when the person's child support obligation is being computed;
(2) The total overtime, commissions, and bonuses received during the year immediately prior to the time when the person's child support obligation is being computed.
(E)
When the court or agency calculates the gross
annual
income
of a parent, it shall not include any income earned by the
spouse of that parent.
(F)
The
court shall issue a separate
order
for extraordinary
medical or dental expenses, including,
but
not
limited
to,
medical support order for extraordinary medical expenses,
including
orthodontia, dental,
optical, and psychological,
appropriate
services.
If
the court makes an order for payment of
private
education,
and other appropriate
expenses,
and
it
shall do so by issuing
a separate order.
The
court may
consider the
these
expenses
in
adjusting a child
support order.
(G)
When a court or agency calculates the amount of child support
to be paid pursuant to a court child support order or an
administrative
child support order, if
the
following shall apply:
(1) The court or agency shall apply the basic child support schedule to the parents' combined annual incomes and to each parent's individual income.
(2)
If the
combined gross
annual
income
of both
parents
or the
individual annual income of a parent
is an amount that is between
two amounts set forth in the first column of the schedule,
the court or agency may use the basic child support obligation
that corresponds to the higher of the two amounts in
the
first
column
of
the schedule, use the basic child support obligation
that corresponds to the lower of the two amounts in
the
first
column of the schedule, or calculate a basic child support
obligation that is between those two amounts and corresponds
proportionally to the
parents' actual
combined gross
annual
income
or the individual parent's annual income.
(3) If the annual individual income of either or both of the parents is within the self-sufficiency reserve in the basic child support schedule, the court or agency shall do both of the following:
(a) Calculate the basic child support obligation for the parents using the schedule amount applicable to the combined annual income and the schedule amount applicable to the income in the self-sufficiency reserve;
(b) Determine the lesser of the following amounts to be the applicable basic child support obligation:
(i) The amount that results from using the combined annual income of the parents not in the self-sufficiency reserve of the schedule; or
(ii) The amount that results from using the individual parent's annual income within the self-sufficiency reserve of the schedule.
(H)
When the court or agency calculates gross
annual
income,
the court or agency, when appropriate, may average income
over a reasonable period of years.
(I)
Unless it would be unjust or inappropriate and therefore
not in the best interests of the child, a court or agency
shall not determine a parent to be voluntarily unemployed or
underemployed and shall not impute income to that parent if
either
any
of
the following conditions exist:
(1) The parent is receiving recurring monetary income from means-tested public assistance benefits, including cash assistance payments under the Ohio works first program established under Chapter 5107. of the Revised Code, financial assistance under the disability financial assistance program established under Chapter 5115. of the Revised Code, general assistance under former Chapter 5113. of the Revised Code, supplemental security income, or means-tested veterans' benefits;
(2) The parent is approved for social security disability insurance benefits because of a mental or physical disability, or the court or agency determines that the parent is unable to work based on medical documentation that includes a physician's diagnosis and a physician's opinion regarding the parent's mental or physical disability and inability to work.
(3) The parent has proven that the parent has made continuous and diligent efforts without success to find and accept employment, including temporary employment, part-time employment, or employment at less than the parent's previous salary or wage.
(4) The parent is complying with court-ordered family reunification efforts in a child abuse, neglect, or dependency proceeding, to the extent that compliance with those efforts limits the parent's ability to earn income.
(5)
The
parent is incarcerated or institutionalized for a period
of twelve months or more with no other available assets, unless
the parent is incarcerated for an offense relating to the abuse
or neglect of a child who is the subject of the support order
or an offense under Title XXIX of the Revised Code when
against
the
obligee or a child who is the subject of the support order
is a victim of the offense.
(J) When a court or agency requires a parent to pay an amount for that parent's failure to support a child for a period of time prior to the date the court modifies or issues a court child support order or an agency modifies or issues an administrative child support order for the current support of the child, the court or agency shall calculate that amount using the basic child support schedule, worksheets, and child support laws in effect, and the incomes of the parents as they existed, for that prior period of time.
(K) A court or agency may disregard a parent's additional income from overtime or additional employment when the court or agency finds that the additional income was generated primarily to support a new or additional family member or members, or under other appropriate circumstances.
(L) If both parents involved in the immediate child support determination have a prior order for support relative to a minor child or children born to both parents, the court or agency shall collect information about the existing order or orders and consider those together with the current calculation for support to ensure that the total of all orders for all children of the parties does not exceed the amount that would have been ordered if all children were addressed in a single judicial or administrative proceeding.
(M) A support obligation of a parent with annual income subject to the self-sufficiency reserve of the basic child support schedule shall not exceed the support obligation that would result from application of the schedule without the reserve.
(N) Any non-means tested benefit received by the child or children subject to the order resulting from the claims of either parent shall be deducted from that parent's annual child support obligation after all other adjustments have been made. If that non-means tested benefit exceeds the child support obligation of the parent from whose claim the benefit is realized, the child support obligation for that parent shall be zero.
(O) As part of the child support calculation, the parents shall be ordered to share the costs of child care. Subject to the limitations in this division, a child support obligor shall pay an amount equal to the obligor's income share of the child care cost incurred for the child or children subject to the order.
(1) The child care cost used in the calculation:
(a) Shall be for child care determined to be necessary to allow a parent to work, or for activities related to employment training;
(b) Shall be verifiable by credible evidence as determined by a court or child support enforcement agency;
(c) Shall exclude any reimbursed or subsidized child care cost, including any state or federal tax credit for child care available to the parent or caretaker, whether or not claimed;
(d) Shall not exceed the maximum state-wide average cost estimate issued by the department of job and family services, using the data collected and reported as required in section 5104.04 of the Revised Code.
(2) When the annual income of the obligor is subject to the self-sufficiency reserve of the basic support schedule, the share of the child care cost paid by the obligor shall be equal to the lower of the obligor's income share of the child care cost, or fifty per cent of the child care cost.
Sec. 3119.051. (A) Except as otherwise provided in this section, a court or child support enforcement agency calculating the amount to be paid under a child support order shall reduce by ten per cent the amount of the annual individual support obligation for the parent or parents when a court has issued or is issuing a court-ordered parenting time order that equals or exceeds ninety overnights per year. This reduction may be in addition to the other deviations and reductions.
(B) At the request of the obligee, a court may eliminate a previously granted adjustment established under division (A) of this section if the obligor, without just cause, has failed to exercise court-ordered parenting time.
Sec.
3119.06.
Except as otherwise provided in this section,
in any action in which a court
or a child support enforcement
agency
issues or modifies a child support order or in
any other proceeding in which a court or
agency determines
the
amount of child support to be paid pursuant to a child support
order, the court or
agency shall
issue a minimum child support
order requiring the obligor to pay a minimum of fifty
eighty
dollars
a month
for all the children subject to that order.
The court
or agency,
in its discretion and in appropriate circumstances,
may issue a minimum child support order requiring
the
obligor to pay of
less
than fifty
eighty
dollars
a month or
issue
an order
not requiring the obligor to pay an
any
child support
amount
for
support.
The circumstances under which a court
or
agency may
issue such an order include the nonresidential
parent's medically verified or documented physical
or mental disability or institutionalization in a facility
for persons with a mental illness or any other circumstances
considered appropriate by the court
or agency.
If
a court or
agency issues
a minimum child support order
obligation
pursuant
to this section and the obligor under the support
order is the recipient of need-based
means-tested
public
assistance,
as described in division (C)(13)(a) of section 3119.01
of the Revised Code,
any unpaid amounts of support due under
the support order shall accrue as arrearages from month to month,
and the obligor's current obligation to pay the support due
under the support order is suspended during any period of time
that the obligor is receiving
need-based
means-tested
public
assistance and is complying with any seek work orders issued
pursuant to section 3121.03 of the Revised Code. The court,
obligee, and child support enforcement agency shall not enforce
the obligation of the obligor to pay the amount of support
due under the support order while the obligor is receiving
need-based
means-tested
public
assistance and is complying
with any seek work orders issued pursuant to section 3121.03
of the Revised Code.
Sec.
3119.22.
The court may order an amount of child support
that deviates from the amount of child support that would
otherwise result from the use of the basic child support schedule
and the applicable worksheet,
through the line establishing
the actual annual obligation,
if, after considering the
factors and criteria set forth in section 3119.23 of the Revised
Code, the court determines that the amount calculated pursuant
to the basic child support schedule and the applicable worksheet,
through the line establishing the actual annual obligation,
would be unjust or inappropriate and would
therefore
not
be in the best interest of the child.
If
it deviates, the court must enter in the journal the amount
of child support calculated pursuant to the basic child support
schedule and the applicable worksheet,
through the line establishing
the actual annual obligation,
its determination that
that
the
amount
would be unjust or inappropriate and would
therefore
not
be
in
the best interest of the child, and findings of
fact supporting that determination.
Sec. 3119.23. The court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:
(A) Special and unusual needs of the child or children, including needs arising from the physical or psychological condition of the child or children;
(B)
Extraordinary
obligations for minor children or obligations
for handicapped children who are not stepchildren and
who are not offspring from the marriage or relationship that is
the basis of the immediate child support determination;
(C)
Other
court-ordered payments;
(D)
(C)
Extended
parenting time or extraordinary costs associated
with parenting time,
provided that this division does not
authorize and shall not be construed as authorizing any deviation
from the schedule and the applicable worksheet, through
the line establishing the actual annual obligation, or any
escrowing, impoundment, or withholding of child support because
of a denial of or interference with a right of parenting time
granted by court order
including extraordinary travel expenses
when exchanging the child or children for parenting time;
(E)
The obligor obtaining additional employment after a child
support order is issued in order to support a second family;
(F)
(D)
The
financial resources and the earning ability of the
child
or children;
(G)
Disparity (E)
The relative financial resources, including
the disparity in
income between parties or households,
other
assets, and the needs of each parent;
(H)
(F)
The obligee's income, if the obligee's annual
income
is equal to or less than one hundred per cent of the federal
poverty level;
(G) Benefits that either parent receives from remarriage or sharing living expenses with another person;
(I)
(H)
The
amount of federal, state, and local taxes actually
paid or estimated to be paid by a parent or both of the parents;
(J)
(I)
Significant
in-kind contributions from a parent, including,
but not limited to, direct payment for lessons, sports
equipment, schooling, or clothing;
(K)
The relative financial resources, other assets and resources,
and needs of each parent;
(L)
(J)
Extraordinary work-related expenses incurred by either
parent;
(K) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;
(M)
The physical and emotional condition and needs of the child;
(N)
(L)
The
need
and capacity of the child for an education
and the educational
opportunities that would have been available
to the child had the circumstances requiring a court
child
support order
for
support not
arisen;
(O)
(M)
The
responsibility of each parent for the support of
others,
including support of a child or children with disabilities
who are not subject to the support order;
(N) Post-secondary educational expenses paid for by a parent for the parent's own child or children, regardless of whether the child or children are emancipated;
(O) Costs incurred or reasonably anticipated to be incurred by the parents in compliance with court-ordered reunification efforts in child abuse, neglect, or dependency cases;
(P) Extraordinary child care costs required for the child or children that exceed the maximum state-wide average cost estimate provided in division (O)(1)(d) of section 3119.05 of the Revised Code including extraordinary costs associated with caring for a child or children with specialized physical, psychological, or educational needs;
(Q) Any other relevant factor.
The
court may accept an agreement of the parents that assigns
a monetary value to any of the factors and criteria listed
in this section that are applicable to their situation.
If
the court grants a deviation based on division (P)
(Q)
of
this section, it shall specifically state in the order the facts
that are the basis for the deviation.
Sec. 3119.231. In determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code for the reason set forth in division (C) of section 3119.23 of the Revised Code, the court shall recognize that expenses for the children are incurred in both households and shall apply the following deviation:
If court-ordered parenting time is equal to or exceeds one hundred forty-seven overnights per year, the court shall consider a substantial deviation. If the court does not grant a substantial deviation from that amount, it shall specify in the order the facts that are the basis for the court's decision.
Sec.
3119.24.
(A)(1) A court that issues a shared parenting
order in accordance with section 3109.04 of the Revised
Code shall order an amount of child support to be paid under
the child support order that is calculated in accordance with
the schedule and with the worksheet
set forth in section 3119.022
of the Revised Code, through the line establishing the actual
annual obligation,
except that, if that amount would be unjust
or inappropriate to the children or either parent and would
therefore
not
be
in
the best interest of the child because of
the extraordinary circumstances of the parents or because of any
other factors or criteria set forth in section 3119.23 of the
Revised Code, the court may deviate from that amount.
(2)
The court shall consider extraordinary circumstances and
other factors or criteria if it deviates from the amount described
in division (A)(1) of this section and shall enter in the
journal the amount described in division (A)(1) of this section
its determination that the amount would be unjust or inappropriate
and would
therefore
not
be
in
the best interest of the
child, and findings of fact supporting its determination.
(B) For the purposes of this section, "extraordinary circumstances of the parents" includes all of the following:
(1)
The
amount of time the children spend with each parent;
(2)
The
ability of each parent to maintain adequate housing
for the children;
(3)
(2)
Each
parent's expenses, including child care expenses,
school tuition, medical expenses, dental expenses, and any
other expenses the court considers relevant;
(4)
(3)
Any
other circumstances the court considers relevant.
Sec.
3119.29.
(A)
As
used in this section and sections 3119.30
to 3119.56 of the Revised Code:
(1)
"Cash medical support" means an amount ordered to be paid
in a child support order toward the cost of health insurance
provided by a public entity, another parent, or person with
whom the child resides, through employment or otherwise, or for
other medical cost not covered by insurance.
(2)
"Federal poverty line" has the same meaning as defined in
section 5104.01 of the Revised Code.
(3)
(A)
"Family coverage" means the health insurance plan that
provides coverage for the children who are the subject of a child
support order.
(B) "Health care" means such medical support that includes coverage under a health insurance plan, payment of costs of premiums, copayments, and deductibles, or payment for medical expenses incurred on behalf of the child.
(4)
(C)
"Health
insurance coverage" means accessible private
health insurance that provides primary care services within
thirty miles from the residence of the child subject to the
child support order.
(5)
(D)
"Health
plan administrator" means any entity authorized
under Title XXXIX of the Revised Code to engage in the
business of insurance in this state, any health insuring corporation,
any legal entity that is self-insured and provides benefits
to its employees or members, and the administrator of any
such entity or corporation.
(6)
(E)
"National
medical support notice" means a form required
by the "Child Support Performance and Incentive Act of 1998,"
P.L. 105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended,
and jointly developed and promulgated by the secretary of
health and human services and the secretary of labor in federal
regulations adopted under that act as modified by the department
of job and family services under section 3119.291 of the
Revised Code.
(7)
(F)
"Person
required to provide health insurance coverage"
means the obligor, obligee, or both, required by the court
under a court child support order or by the child support enforcement
agency under an administrative child support order to
provide health insurance coverage pursuant to section 3119.30 of
the Revised Code.
(8)
Subject to division (B) of this section, "reasonable (G)
"Reasonable cost"
means that
the
contributing
cost
of private
family
health
insurance to the person
responsible
for the
required
to provide health
care
of insurance
coverage for the
children who
are the subject
to
of
the
child support order that
does
not exceed an amount equal to five per cent of the annual
gross
income
of that person.
For purposes of this division,
the cost of health insurance is an amount equal to the difference
in cost between self-only and family coverage.
(9)
"Title XIX" has the same meaning as in section 5165.01 of
the Revised Code.
(B)
If However,
if the
United States secretary of health and
human services issues a regulation defining
that
redefines "reasonable
cost" or a similar term or phrase
relevant
to the provisions
in child support orders ,
or clarifies the elements of
cost used when determining reasonable cost relating
to the provision
of health care for children
subject to the orders
in a child
support order,
and if that
definition is those
changes are
substantively
different from
the meaning of "reasonable cost" as defined
in division (A) of this section, "reasonable cost" as used
in this section than
the definitions and terms used in this section,
those terms shall
have the meaning as defined by the United
States secretary of health and human services.
Sec.
3119.30.
(A) In any action or proceeding in which a child
support order is issued or modified, the court, with respect
to court child support orders, and the child support enforcement
agency, with respect to administrative child support orders,
shall determine the person or persons responsible for the
health care of the children subject to the child support order
and shall include provisions for the health care of the children
in the child support order. The order shall specify that
the obligor and obligee are both liable for the health care of
expenses
for the
children who are not covered by private health
insurance or
cash medical support as
calculated in accordance
with section
3119.022 or 3119.023 of the Revised Code,
as applicableaccording
to a
formula established by each
court,
with respect to a court child support order, or each
child
support enforcement agency, with respect to an administrative
child support order.
(B)
Based
on information provided to the court or to the child
support enforcement agency under section 3119.31 of the Revised
Code, the order shall include one of the following:The
child
support obligee is rebuttably presumed to be the appropriate
parent to
provide health insurance coverage
for
the children
subject to the child support order. The
order shall specify
that the obligee must provide the health insurance coverage
unless rebutted pursuant to division (B)(1) of this section.
(1)
A
requirement that both the obligor and the obligee obtain
private The
court or child support enforcement agency may consider
the following factors to rebut the
presumption
when determining
if the child support obligor is the appropriate parent
to provide health
insurance coverage
for
the children if coverage
is available for the children at a reasonable cost to both
the obligor and the obligee and dual coverage would provide for
coordination of medical benefits without unnecessary duplication
of coverage.:
(a) The obligor already has health insurance coverage for the child that is reasonable in cost;
(b) The obligor already has health insurance coverage in place for the child that is not reasonable in cost, but the obligor wishes to be named the health insurance obligor and provide coverage under division (A)(2)(a) of section 3119.302of the Revised Code;
(c) The obligor can obtain coverage for the child that is reasonable in cost through an employer or other source. For employer-based coverage, the court or child support enforcement agency shall consider the length of time the obligor has worked with the employer and the stability of the insurance.
(d) The obligee is a non-parent individual or agency that has no duty to provide medical support.
(2)
A
requirement that the obligee obtain If
private
health
insurance coverage for the children if
coverage is available
through any group policy, contract, or plan available to
the obligee and is available at a more reasonable cost than coverage
is available to the obligor;
(3)
A requirement that the obligor is
not available at a reasonable
cost to the obligor or the obligee at the time the court
or agency issues the order, the order shall include a requirement
that the obligee obtain
private health insurance coverage
for the children
if
coverage is available through any group
policy, contract, or plan available to the obligor at a more
reasonable cost than coverage is available to the obligee;
(4)
If health insurance coverage for the children is not available
at a reasonable cost to the obligor or the obligee at the
time the court or child enforcement agency issues the order, a
requirement that the obligor or the obligee immediately not
later
than thirty
days after
it becomes available to the obligee at
a reasonable cost, and
to inform
the child support enforcement
agency that
when
private
health insurance coverage for
the children has
become
available to either the obligor or obligee.
The child support enforcement agency shall determine if the
private health insurance coverage is available at a reasonable
cost and if coverage is reasonable, division (B)(2) or
(3) shall apply, as applicable
been obtained.
(3) If private health insurance becomes available to the obligor at a reasonable cost, the obligor shall inform the child support enforcement agency and may seek a modification of health insurance coverage from the court with respect to a court child support order, or from the agency with respect to an administrative support order.
(C)
When a child support order is issued or modified, and
the
obligor's gross income is one hundred fifty per cent or more of
the federal poverty level for an individual, the
order shall include
the
amount of a
cash
medical support
to
be paid by the obligor
that is either five per cent of the obligor's adjusted gross
income or the obligor's share of the United States department
of agriculture estimated annual health care expenditure
per child as determined in accordance with federal law
and regulation, whichever is the lower amount. The amount of cash
medical support paid by the obligor shall be paid during any
period after the court or child support enforcement agency issues
or modifies the order in which the children are not covered
by private health insurance
amount
consistent with division
(B) of section 3119.302 of the Revised Code for each child
subject to the order. The cash medical support amount shall
be ordered based on the number of children subject to the order
and split
between
the parties using the parents' income share.
(D)
Any cash medical support paid pursuant to division (C) of
this section shall be paid through
the department of job and family
services by
the obligor to either the obligee if the children
are not Medicaid recipients, or to the office
department
of
child
support to defray the cost of Medicaid
expenditures
if the children are when
a Medicaid
recipients.
The assignment
is in effect for any child
under the
support enforcement
agency administering the court or administrative order
shall amend the amount of monthly child support obligation to
reflect the amount paid when private health insurance is not
provided,
as calculated in the current order pursuant to section 3119.022
or 3119.023 of the Revised Code, as applicable.
The
child support enforcement agency shall give the obligor
notice in accordance with Chapter 3121. of the Revised Code
and provide the obligor an opportunity to be heard if the obligor
believes there is a mistake of fact regarding the availability
of private health insurance at a reasonable cost as determined
under division (B) of this section.
(E)
The
obligor
shall begin payment of any cash medical support
on the first day of the month immediately following the month
in which private health insurance coverage is unavailable or
terminates and shall cease payment on the last day of the month
immediately preceding the month in which private health insurance
coverage begins or resumes. During the period when cash
medical support is required to be paid, the obligor or obligee
must immediately inform the child support enforcement agency
that health insurance coverage for the children has become
available
cost
of providing health insurance for a child subject
to an order shall be defrayed by a credit against that parent's
annual income when calculating support as required under
section 3119.02 of the Revised Code using the basic child support
schedule and applicable worksheet. The credit shall be equal
to the total actual out-of-pocket cost for health insurance
premiums for the coverage. Any credit given will be less
any subsidy, including a premium tax credit or cost-sharing reduction
received by the parent providing coverage.
Sec. 3119.302. (A) When the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, determines the person or persons responsible for the health care of the children subject to the order pursuant to section 3119.30 of the Revised Code, all of the following apply:
(1) The court or agency shall consider any private health insurance in which the obligor, obligee, or children, are enrolled at the time the court or agency issues the order.
(2)
If the contributing
cost
of private family
health
insurance
to either parent exceeds
five
per cent of that parent's
annual gross income
a reasonable cost,
that parent shall
not be ordered to provide private health insurance for the child
except as follows:
(a)
When
both parents agree that one, or both, of the parents
obtain or maintain the private health insurance that exceeds
five per cent of the annual gross income of the parent obtaining
or maintaining the private health insurance;
(b)
When
either
the
parent
requests to obtain or maintain the
private health insurance that exceeds
five per cent of that parent's
annual gross income
a reasonable cost;
(c)
(b)
When
the court determines that it is in the best interest
of the children for a parent to obtain and maintain private
health insurance that exceeds
five
per cent of that parent's
annual gross income a
reasonable cost and
the cost will not
impose an undue financial burden on either parent. If the court
makes such a determination, the court must include the facts
and circumstances of the determination in the child support
order.
(3)
If private health insurance is available at a reasonable
cost to either parent through a group policy, contract,
or plan, and the court determines that it is not in the
best interest of the children to utilize the available private
health insurance, the court shall state the facts and circumstances
of the determination in the child support order. The
court determination under this division shall not limit any
obligation
to provide cash medical support pursuant to section 3119.30
of the Revised Code.
(4)
Notwithstanding division (A)(4)
(C)
of
section 3119.29 of
the Revised Code, the court or agency may allow
private health
insurance do
either of the following:
(a)
Permit primary care services to
be farther than thirty miles
if residents in part or all of the immediate geographic area
customarily travel farther distances
or
if ;
(b)
Require primary
care services are
be
accessible
only
by
public transportation
if public transportation is the obligee's
only source of transportation.
The
If
the court
or agency makes
either accessibility determination,
it shall
include this accessibility determination in
the child support order.
(B)
The director of job and family services shall create
and
annually periodically
update
a
table to be used to determine
the
amount of the
cash
medical support obligation
to
be paid pursuant
to division (C) of section 3119.30 of the Revised Code. The
table
updates
shall
incorporate
potential combined gross incomes
of the parties, in a manner determined by the director, and
the be
made in consideration of the medical expenditure panel
survey, conducted by the United
States department of agriculture
estimated annual health care expenditure per child as
determined in accordance with federal law and regulation health
and human services for health care research and quality. The
amount shall be based on the most recent survey year data available
and shall be calculated by multiplying the total amount
expended for health services for children by the percentage
that is out-of-pocket divided by the number of individuals
less than eighteen years of age that have any private
insurance.
Sec. 3119.303. A cash medical support order shall be administered, reviewed, modified, and enforced in the same manner as the underlying child support order.
Sec. 3119.31. In any action or proceeding in which a court or child support enforcement agency is determining the person responsible for the health care of the children who are or will be the subject of a child support order, each party shall provide to the court or child support enforcement agency a list of any group health insurance policies, contracts, or plans available to the party and the cost for self-only and family coverage under the available policies, contracts, or plans.
Sec. 3119.32. A child support order shall contain all of the following:
(A)(1)
If the obligor, obligee, or both obligor and obligee,
are required under section 3119.30 of the Revised Code to
provide private health insurance coverage for the children, a
requirement
pursuant
to section 3119.30 of the Revised Code that
whoever
is required to provide private health insurance coverage provide
to the other, not later than thirty days after the issuance
of the order, information regarding the benefits, limitations,
and exclusions of the coverage, copies of any insurance
forms necessary to receive reimbursement, payment, or other
benefits under the coverage, and a copy of any necessary insurance
cards;
(2) If the obligor, obligee, or both obligor and obligee, are required under section 3119.30 of the Revised Code to provide private health insurance coverage for the children, a requirement that whoever is required to provide private health insurance coverage provide to the child support enforcement agency, not later than thirty days after the issuance of the order, documentation that verifies that coverage is being provided as ordered.
(B)
A statement setting forth the name,
and
address,
and telephone
number
of the individual who is to be reimbursed for
out-of-pocket
medical
expenses,
optical, hospital, dental, or prescription
expenses paid for each child and a statement that the
health plan administrator that provides the private health insurance
coverage for the children may continue making payment for
medical, optical, hospital, dental, or prescription services directly
to any health care provider in accordance with the applicable
private health insurance policy, contract, or plan;.
(C)
A requirement that a person required to provide private
health insurance coverage for the children designate the children
as covered dependents under any private health insurance
policy, contract, or plan for which the person contracts;.
(D)
A requirement that the obligor, the obligee, or both of
them under a formula established by the court, with respect to
a court child support order, or the child support enforcement agency,
with respect to an administrative child support order, pay
co-payment
or deductible costs required under the private health
insurance policy, contract, or plan that covers extraordinary
medical expenses for the
children;.
(E)
A notice that the employer of the person required to obtain
private health insurance coverage
through that employer
is
required to release to the other parent, any person subject to
an order issued under section 3109.19 of the Revised Code, or the
child support enforcement agency on written request any necessary
information on the private health insurance coverage, including
the name and address of the health plan administrator and
any policy, contract, or plan number, and to otherwise comply
with this section and any order or notice issued under this
section;.
(F)
A statement setting forth the full name and date of birth
of each child who is the subject of the child support order;.
(G)
A
requirement that the obligor and the obligee comply with
any requirement described in section 3119.30 of the Revised Code
and divisions (A) and (C) of this section that is contained in
an order issued in compliance with this section no later than thirty
days after the issuance of the order;
(H)
A
notice that states the following: "If the person required
to obtain private health care insurance coverage for the
children subject to this child support order obtains new employment,
the agency shall comply with the requirements of section
3119.34 of the Revised Code, which may result in the issuance
of a notice requiring the new employer to take whatever action
is necessary to enroll the children in private health care
insurance coverage provided by the new employer,
when insurance
is not being provided by any other source."
(I)
A statement that, upon receipt of notice by the child support
enforcement agency that private health insurance coverage
is not available at a reasonable cost, cash medical support
shall be paid in the amount as determined by the child support
computation worksheets in section 3119.022 or 3119.023 of
the Revised Code, as applicable. The child support enforcement
agency may change the financial obligations of the parties
to pay child support in accordance with the terms of the court
or administrative order and cash medical support without a hearing
or additional notice to the parties.
Sec.
3119.61.
The child support enforcement agency shall review
an administrative child support order on the date established
pursuant to section 3119.60 of the Revised Code for formally
beginning the review of the order. If the agency determines
that a modification is necessary and in the best interest
of the child subject to the order, the agency shall calculate
the amount the obligor shall pay in accordance with
the
basic child support schedule established pursuant to
section 3119.021
of the Revised Code. The agency may not grant a deviation
pursuant to section 3119.23 of the Revised Code from the
guidelines set
forth in established
pursuant to section
3119.021
of the Revised Code. If the agency can set the child support
amount
the
obligor is to pay without granting such a deviation
from the guidelines, the agency shall do the following:
(A) Give the obligor and obligee notice of the revised amount of child support to be paid under the administrative child support order, of their right to request an administrative hearing on the revised child support amount, of the procedures and time deadlines for requesting the hearing, and that the agency will modify the administrative child support order to include the revised child support amount unless the obligor or obligee requests an administrative hearing on the revised amount no later than thirty days after receipt of the notice under this division;
(B) If neither the obligor nor obligee timely requests an administrative hearing on the revised amount of child support, modify the administrative child support order to include the revised child support amount;
(C) If the obligor or obligee timely requests an administrative hearing on the revised amount of child support, do all of the following:
(1) Schedule a hearing on the issue;
(2) Give the obligor and obligee notice of the date, time, and location of the hearing;
(3) Conduct the hearing in accordance with the rules adopted under section 3119.76 of the Revised Code;
(4) Redetermine at the hearing a revised amount of child support to be paid under the administrative child support order;
(5) Modify the order to include the revised amount of child support;
(6) Give notice to the obligor and obligee of the amount of child support to be paid under the order and that the obligor and obligee may object to the modified order by initiating an action under section 2151.231 of the Revised Code in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the mother, the father, the child, or the guardian or custodian of the child reside.
Except as otherwise provided in section 3119.772 of the Revised Code, if the agency modifies an existing administrative child support order, the modification shall relate back to the first day of the month following the date certain on which the review began under section 3119.60 of the Revised Code.
If the agency cannot set the amount of child support the obligor will pay under the administrative child support order without granting a deviation pursuant to section 3119.23 of the Revised Code, the agency shall bring an action under section 2151.231 of the Revised Code on behalf of the person who requested that the agency review the existing administrative order or, if no one requested the review, on behalf of the obligee, in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the agency is located requesting that the court issue a child support order.
Sec. 3119.63. The child support enforcement agency shall review a court child support order on the date established pursuant to section 3119.60 of the Revised Code for formally beginning the review of the order and shall do all of the following:
(A) Calculate a revised amount of child support to be paid under the court child support order;
(B) If the court child support order under review contains a deviation granted under sections 3119.06, 3119.22, 3119.23, 3119.231, and 3119.24 of the Revised Code, apply the deviation from the existing order to the revised amount of child support, provided that the agency can determine the monetary or percentage value of the deviation with respect to the court child support order. If the agency cannot determine the monetary or percentage value of the deviation, the agency shall not apply the deviation to the revised amount of child support.
(C) Give the obligor and obligee notice of the revised amount of child support, of their right to request an administrative hearing on the revised amount, of the procedures and time deadlines for requesting the hearing, and that the revised amount of child support will be submitted to the court for inclusion in a revised court child support order unless the obligor or obligee requests an administrative hearing on the proposed change within fourteen days after receipt of the notice under this division;
(C)
(D)
Give
the obligor and obligee notice that if the court
child support order contains a deviation granted under section
3119.06,
3119.22, 3119.23,
or 3119.24 of the Revised Code,
a parenting time adjustment granted under section 3119.051 of
the Revised Code,
or if the obligor or obligee intends to request
a deviation from the child support amount to be paid under
the court child support order, the obligor and obligee have
a right to request a court hearing on the revised amount of child
support without first requesting an administrative hearing and
that the obligor or obligee, in order to exercise this right,
must make the request for a court hearing no later than fourteen
days after receipt of the notice;
(D)
(E)
If
neither the obligor nor the obligee timely requests,
pursuant to division (C)
or (D)
of this section, an administrative
or court hearing on the revised amount of child support,
submit the revised amount of child support to the court for
inclusion in a revised court child support order;
(E)
(F)
If
the obligor or the obligee timely requests an administrative
hearing on the revised child support amount, schedule
a hearing on the issue, give the obligor and obligee notice
of the date, time, and location of the hearing, conduct the
hearing in accordance with the rules adopted under section 3119.76
of the Revised Code, redetermine at the hearing a revised
amount of child support to be paid under the court child support
order, and give notice to the obligor and obligee of the revised
amount of child support, that they may request a court hearing
on the revised amount, and that the agency will submit the
revised amount of child support to the court for inclusion in
a revised court child support order, if neither the obligor nor
the obligee requests a court hearing on the revised amount of
child support;
(F)
(G)
If
neither the obligor nor the obligee requests, pursuant
to division (E)
(F)
of
this section, a court hearing on the
revised amount of child support, submit the revised amount of
child support to the court for inclusion in a revised court child
support order.
Sec. 3119.76. The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code establishing a procedure for determining when existing child support orders should be reviewed to determine whether it is necessary and in the best interest of the children who are the subject of the child support order to change the child support order. The rules shall include, but are not limited to, all of the following:
(A) Any procedures necessary to comply with section 666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any regulations adopted pursuant to, or to enforce, that section;
(B) Procedures for determining what child support orders are to be subject to review upon the request of either the obligor or the obligee or periodically by the child support enforcement agency administering the child support order;
(C)
Procedures for the child support enforcement agency to periodically
review and to review, upon the request of the obligor
or the obligee, any child support order that is subject to
review to determine whether the amount of child support paid under
the child support order should be adjusted in accordance with
the basic child support schedule
set
forth in established
pursuant
to section
3119.021 of the Revised Code or whether the provisions
for the child's health care needs under the child support
order should be modified in accordance with sections 3119.29
to 3119.56 of the Revised Code;
(D) Procedures for giving obligors and obligees notice of their right to request a review of a child support order that is determined to be subject to review, notice of any proposed revision of the amount of child support to be paid under the child support order, notice of the procedures for requesting a hearing on any proposed revision of the amount of child support to be paid under a child support order, notice of any administrative hearing to be held on a proposed revision of the amount of child support to be paid under a child support order, at least forty-five days' prior notice of any review of their child support order, and notice that a failure to comply with any request for documents or information to be used in the review of a child support order is contempt of court;
(E) Procedures for obtaining the necessary documents and information necessary to review child support orders and for holding administrative hearings on a proposed revision of the amount of child support to be paid under a child support order;
(F)
Procedures for adjusting child support orders in accordance
with the basic child support schedule set
forth in created
pursuant to section
3119.021 of the Revised Code and the applicable
worksheet in
created
under rules adopted under section
3119.022 or
3119.023 of
the Revised Code,
through the line
establishing the actual annual obligation;
(G) Procedures for adjusting the provisions of the child support order governing the health care needs of the child pursuant to sections 3119.29 to 3119.56 of the Revised Code.
Sec.
3119.79.
(A) If an obligor or obligee under a child support
order requests that the court modify the amount of child
support
required to be paid pursuant to the child support order, the
court shall recalculate the amount of support that would be required
to be paid under the child support order in accordance with
the schedule and the applicable worksheet through
the line establishing
the actual annual obligation.
If that amount as recalculated
is more than ten per cent greater than or more than ten
per cent less than the amount of child support required to be
paid pursuant to the existing child support order, the deviation
from the recalculated amount that would be required to be
paid under the schedule and the applicable worksheet shall be
considered
by the court as a change of circumstance substantial enough
to require a modification of the child support amount.
(B)
In
determining the recalculated support amount that would
be required to be paid under the child support order for purposes
of determining whether that recalculated amount is more than
ten per cent greater than or more than ten per cent less than
the amount of child support required to be paid pursuant to the
existing child support order, the court shall consider, in addition
to all other factors required by law to be considered, the
cost of health insurance the obligor, the obligee, or both the
obligor and the obligee have been ordered to obtain for the children
specified in the order. Additionally, if an obligor or obligee
under a child support order requests that the court modify
the support amount required to be paid pursuant to the child
support order and if If
the
court determines that the amount
of support does not adequately meet the medical
needs of the
child
are not being met because of inadequate health insurance
coverage,
the inadequate coverage shall be considered by
the court as a change of circumstance that is substantial enough
to require a modification of the amount
of the child
support
order.
(C)
If the court determines that the amount of child support
required to be paid under the child support order should be
changed due to a substantial change of circumstances that was not
contemplated at the time of the issuance of the original child
support order or the last modification of the child support
order, the court shall modify the amount of child support
required to be paid under the child support order to comply
with the schedule and the applicable worksheet through
the
line establishing the actual annual obligation,
unless the court
determines that the
amount those
amounts calculated
pursuant
to the basic child support schedule and pursuant to the applicable
worksheet would be unjust or inappropriate and would
therefore
not
be
in
the best interest of the child and enters in the
journal the figure, determination, and findings specified in section
3119.22 of the Revised Code.
Sec. 3119.89. (A) Upon receipt of a notice pursuant to section 3119.87 of the Revised Code, the child support enforcement agency administering a child support order, within twenty days after receipt of the notice, shall complete an investigation. The agency administering a child support order may conduct an investigation upon its own initiative if it otherwise has reason to believe that there may be a reason for which the order should terminate. The agency's investigation shall determine the following:
(1) Whether any reason exists for which the order should terminate;
(2) Whether there are other children subject to the order;
(3) Whether the obligor owes any arrearages under the order;
(4) Whether the agency believes it is necessary to continue withholding or deduction pursuant to a notice or order described in section 3121.03 of the Revised Code for the other children or arrearages;
(5) Whether child support amounts paid pursuant to the order being investigated should be impounded because continuation of receipt and disbursement would lead to an overpayment by the obligor.
(B) If the agency, pursuant to the investigation under division (A) of this section, determines that other children are subject to the child support order and that it is necessary to continue withholding or deduction for the other children, the agency shall divide the child support amount due annually and per month under the order by the number of children who are the subject of the order and subtract the amount due for the child for whom the order should be terminated from the total child support amount due annually and per month. The resulting annual and per month child support amount shall be included in the results of the agency's investigation as the recommended child support amount due annually and monthly under a revised child support order. If arrearage amounts are owed, those amounts may be included as part of the recommended child support amount. The investigation under division (A) of this section shall not include a review pursuant to sections 3119.60 to 3119.76 of the Revised Code of any other children subject to the child support order.
Sec. 3121.36. The termination of a court support order or administrative child support order does not abate the power of any court or child support enforcement agency to collect any overdue and unpaid support or arrearage owed under the terminated support order or the power of the court to punish any person for a failure to comply with, or to pay any support as ordered in, the terminated support order. The termination does not abate the authority of the court or agency to issue any notice described in section 3121.03 of the Revised Code or to issue any applicable order as described in division (C) or (D) of section 3121.03 of the Revised Code to collect any overdue and unpaid support or arrearage owed under the terminated support order. If a notice is issued pursuant to section 3121.03 of the Revised Code to collect the overdue and unpaid support or arrearage, the amount withheld or deducted from the obligor's personal earnings, income, or accounts shall be rebuttably presumed to be at least equal to the amount that was withheld or deducted under the terminated child support order. A court or agency administering the child support order may consider evidence of household expenditures, income variables, extraordinary health care issues, and other reasons for deviation from the presumed amount.
Sec. 3123.14. If a child support order is terminated for any reason, the obligor under the child support order is or was at any time in default under the support order and, after the termination of the order, the obligor owes an arrearage under the order, the obligee may make application to the child support enforcement agency that administered the child support order prior to its termination or had authority to administer the child support order to maintain any action or proceeding on behalf of the obligee to obtain a judgment, execution of a judgment through any available procedure, an order, or other relief. If a withholding or deduction notice is issued pursuant to section 3121.03 of the Revised Code to collect an arrearage, the amount withheld or deducted from the obligor's personal earnings, income, or accounts shall be rebuttably presumed to be at least equal to the amount that was withheld or deducted under the terminated child support order. A court or agency administering the child support order may consider evidence of household expenditures, income variables, extraordinary health care issues, and other reasons for deviation from the presumed amount.
Section 2. That existing sections 3119.01, 3119.02, 3119.021, 3119.04, 3119.05, 3119.06, 3119.22, 3119.23, 3119.24, 3119.29, 3119.30, 3119.302, 3119.31, 3119.32, 3119.61, 3119.63, 3119.76, 3119.79, 3119.89, 3121.36, and 3123.14 and section 3119.022, 3119.023, and 3119.024 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act take effect six months after the effective date of this act. During that six-month period, the Ohio department of job and family services shall perform necessary automated system changes and may organize and oversee the statewide training of local child support enforcement agencies, lawyers who practice in child support, and judges who preside over child support cases.