(A)In accordance
with sections 3119.021 and 3119.022 of the Revised Code, this rule promulgates
the basic child support schedule and worksheets required to be used by all
courts and child support enforcement agencies (CSEA) when calculating child
support and cash medical support obligations, as follows:
(1)The basic child
support schedule, JFS 07767, "Ohio Basic Child Support Guideline
Schedule" (effective or revised effective date as identified in rule
5101:12-1-99 of the Administrative Code), shall be used by all courts and CSEAs
when calculating the amount of child support to be paid pursuant to a support
order, unless the combined annual income of the parents is less than the
minimum or more than the maximum guideline income listed on the JFS 07767.
(2)When a court or
CSEA calculates a new or modified child support order, the court or CSEA shall
use:
(a)The JFS 07768,
"Sole/Shared Child Support Computation Worksheet" (effective or
revised effective date as identified in rule 5101:12-1-99 of the Administrative
Code); or
(b)The JFS 07769,
"Split Parenting Child Support Computation Worksheet" (effective or
revised effective date as identified in rule 5101:12-1-99 of the Administrative
Code) when calculating support where 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.
(B)In accordance
with section 3119.022 of the Revised Code, this rule promulgates the JFS 07766,
"Child Support Guideline Manual" (effective or revised effective date
as identified in rule 5101:12-1-99 of the Administrative Code) for the purpose
of providing guidance and assistance to any person calculating a support
obligation.
(1)The maximum
state-wide average child care cost estimate required under section 3119.05 of
the Revised Code to be issued by the department of job and family services
(ODJFS) is contained within table four of the JFS 07766, and
(2)The amount of
the cash medical support obligation required under division (B) of section
3119.302 of the Revised Code to be issued by ODJFS is contained within table
three of the JFS 07766.
(C)When completing
the JFS 07768 or JFS 07769 the courts or CSEA shall:
(1)Use table two
of the JFS 07766 to identify the maximum state-wide average child care cost
estimates;
(2)Use table three
of the JFS 07766 when calculating the cash medical support obligation;
(3)Exclude any
reimbursed or subsidized child care cost, including any state or federal tax
credit, whether or not claimed; a court or CSEA completing the worksheet shall
exclude any federal dependent care tax credit allowed under section 21 of the
Internal Revenue Code 26 U.S.C. 21 (revised 12/29/2007), and it is rebuttably
presumed that any state tax credit allowed under section 5747.054 of the
Revised Code shall also be excluded. A court may exclude any other relevant
state tax credit if evidence of the availability of such credit is established
by the parent;
(4)Calculate all
amounts to the third decimal place and then round to the second decimal place
as follows:
(a)When the number
in the third decimal place is less than or equal to the number four, then the
number in the third decimal place shall be dropped and the number in the second
decimal place shall remain the same; and
(b)When the number
in the third decimal place is greater than or equal to the number five, then
the number in the third decimal place shall be dropped and the number in the
second decimal place shall be rounded up to the next number.
Five Year Review (FYR) Dates: 2/23/2023 and 02/23/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 02/23/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.021, 3119.022, 3119.04, 3119.05, 3119.051, 3119.06,
3119.29, and 3119.30
Prior Effective Dates: 03/28/2019