(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.
Effective: 3/28/2019
Five Year Review (FYR) Dates: 03/28/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 02/07/2019
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