(A)The child support
enforcement agency (CSEA) shall use the basic Ohio child
support guidelines (hereafter "guidelines") schedule as set forth in sections
3119.01 to 3119.05 of the Revised Codecomply with
the requirements contained within this rule and rule 5101:12-1-17 of the Administrative
Code when calculating or adjusting the child support and cash medical support
obligations contained within a child support order.
(B)The CSEA shall
not deviate from the guidelines. When a deviation is desired
by either party, the requesting party must petition the appropriate court.
(1)When a deviation is desired by either party,
the requesting party shall petition the appropriate court.
(2)In accordance with section 3119.63 of the
Revised Code, when a court child support order under review contains a deviation
granted under section 3119.06, 3119.22, 3119.23, 3119.231, or 3119.24 of the Revised
Code, the CSEA shall do one of the following:
(a)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; or
(b)Not apply the deviation from the existing
order to the revised amount of child support, when the CSEA can not determine the
monetary or percentage value of the deviation.
(3)The CSEA shall indicate on the JFS 07724,
"Administrative Adjustment Recommendation" (effective or revised effective
date as identified in rule 5101:12-45-99 of the Administrative Code) whether the
court-ordered deviation has been applied in accordance with paragraph (B)(2) of
this rule.
(C)In accordance with
division (C)(1117) of
section 3119.01 of the Revised Code, the CSEA may impute potential income to a parent
when the CSEA determines that the parent is voluntarily unemployed or underemployed.
(1)Imputed income
may be based on what the parent would have earned if fully employed as determined
from the following criteria:
(a)The parent's prior
employment experience;
(b)The parent's education;
(c)The parent's physical
and mental disabilities, if any;
(d)The availability
of employment in the geographic area in which the parent resides;
(e)The prevailing
wage and salary levels in the geographic area in which the parent resides;
(f)The parent's special
skills and training;
(g)Whether there is
evidence that the parent has the ability to earn the imputed income;
(h)The age and special
needs of the child subject to the child support order (hereafter "child");
(i)The parent's
increased earning capacity because of experience;
(j)The parent's
decreased earning capacity because of a felony conviction; or
(k)Any other relevant
factor.
(2)Income may also
be imputed from any non income-producing assets of a parent, as determined from
the local passbook savings rate or another appropriate rate as determined by the
CSEA, not to exceed the rate of interest specified in division (A) of section 1343.03
of the Revised Code, when the income is significant.
(D)In accordance with
division (I) of section 3119.05 of the Revised Code, unless it would be unjust or
inappropriate and therefore not in the best interest of the child, a CSEA shall
not determine a parent to be voluntarily unemployed or underemployed and shall not
impute income to that parent if eitherany of the following conditions exists:
(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, general assistance under former
Chapter 5113. of the Revised Code, supplemental security income, or means-tested
veterans' benefits; or
(2)The parent is approved for social security
disability insurance benefits because of a mental or physical disability, or the
court or CSEA 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; or
(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; or
(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; or
(2)(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 whenagainst the
obligee or a child who is the subject of the support order is a victim of the offense.
(E)In accordance with
division (K) of section 3119.05 of the Revised Code, a CSEA may disregard a parent's
additional income from overtime or additional employment when the agency finds that
the additional income was generated primarily to support a new or additional family
member or members, or under other appropriate circumstances.
(F)In accordance with
division (L) of section 3119.05 of the Revised Code, 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 CSEA 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 proceeding.
To determine the amount of the child support obligation, including
cash medical, the CSEA shall calculate the guidelines using the total number of
common children between the parties to determine what the ordered child support
amount would have been if all children were being addressed in a single order. Subtract
from that amount the total of any existing current child support obligations for
common children between the parties.
(1)When the calculation
results in a balance of zero or greater, the balance becomes the obligation amount
for the new child support obligation, or;
(2)When the calculation
results in a balance that is less then zero, the resulting child support obligation
shall be zero.
(G)In accordance with section 3119.051 of the
Revised Code, the support obligation shall be reduced by ten per cent of the amount
of the individual support obligation for the parent(s) 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.
(G)(H) In accordance with section 3119.04 of the Revised
Code, in determining the amount of child support to be paid under any child support
order issued or adjusted by the CSEA:
(1)When the combined
grossannual income of
both parents is less than six thousand six hundred dollars
per yearfalls below eight thousand four hundred dollars,
the CSEA shall determine the amount of the obligor's child
support obligation on a case-by-case basis using the basic child support schedule
as a referenceapply the minimum support amount in
accordance with section 3119.06 of the Revised Code. The CSEA, in its discretion
and in appropriate circumstances, may issue a minimum support order of less than
eighty dollars a month or issue an order not requiring the obligor to pay any child
support amount. The circumstances under which a CSEA may issue 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 CSEA.
The CSEA shall review the obligor's gross
income and living expenses to determine the maximum amount of child support that
the CSEA can reasonably order without denying the obligor the means for self-support
at a minimum subsistence level and shall recommend or order a specific amount of
child support, unless the obligor proves to the CSEA that the obligor is totally
unable to pay child support, and the CSEA determines that it would be unjust or
inappropriate to order the payment of child support and enters the determination
and supporting findings of fact in an addendum to the JFS 07719, "Administrative
Order for Child Support and Medical Support" (effective or revised effective
date as identified in rule 5101:12-45-99 of the Administrative Code), or the JFS
07724, "Administrative Adjustment Recommendation" (effective or revised
effective date as identified in rule 5101:12-45-99 of the Administrative Code).
(2)The CSEA shall enter the figure, determination,
and supporting findings on the JFS 07719, "Administrative Order for Child Support
and Medical Support" (effective or revised effective date as identified in
rule 5101:12-45-99 of the Administrative Code) or JFS 07724.
(2)(3) When the combined grossannual income of both parents is greater than one hundred fifty thousand dollars per yearthe maximum amount listed on the JFS 07767, "Basic Child Support
Schedule" (effective or revised effective date as identified in rule 5101:12-1-99
of the Administrative Code), the CSEA 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 child and of the parents.
The CSEA 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 grossannual income of one hundred fifty thousand dollarsequal to the maximum annual incomes listed on the JFS 07767,
unless the CSEA determines that it would be unjust or inappropriate and wouldtherefore not be in the best interest of the child, obligor, or obligee
to order that amount. When the CSEA makes such a determination, the CSEA shall enter
the figure, determination, and supporting findings of fact in an addendum to the
JFS 07719 or JFS 07724.
(H)(I) In determining the amount of cash medical support
to be paid under any child support order issued or adjusted by the CSEA, the CSEA
shall calculate the cash medical support obligation in accordance with this rule
and with rule 5101:12-47-01.25101:12-1-17 of the Administrative Code. 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.
(I)(J) When calculating the appropriate amount of child
support and cash medical support to be paid under a child support order, the CSEA
shall determine the appropriate parent(s) to provide private
health insurance coverage for the children.:
(1)The appropriate person, whether it is the
obligor, the obligee, or both, to be required to provide or report the availability
of private health insurance coverage for the child; and
(2)The cost of health insurance coverage which
the obligor, the obligee, or both have been ordered to obtain for the child.
Effective: 3/28/2019
Five Year Review (FYR) Dates: 3/1/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 02/07/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.02, 3125.03
Prior Effective Dates: 12/01/1987, 04/20/1990 (Emer.), 07/19/1990,
10/15/2001, 09/01/2005, 03/01/2009, 07/01/2013, 06/15/2018