When does a court consider a child support deviation? Normally, child support follows a specific formula as set forth in Ohio Revised Code 3119.021 (R.C. 3119.021). However, a court may deviate from the usual amount of child support if the court determines guideline child support would be unjust, or inappropriate, or not in the best interests of the child.
Ohio Revised Code 3119.23 (R.C. 3119.23) sets forth a number of reasons for a court to deviate from the guideline child support amount:
- Special and unusual needs of the children;
- Extraordinary obligations for minor children or obligations for special needs 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;
- Other court-ordered payments;
- Extended parenting time with the children or extraordinary costs associated with parenting time;
- The obligor obtaining additional employment after a child support order is issued in order to support a second family;
- The financial resources and the earning ability of the child;
- Disparity in income between the parties or households;
- Benefits that either parent receives from remarriage or sharing living expenses with another person;
- The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
- Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
- The relative financial resources, other assets and resources, and needs of each parent;
- 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;
- The physical and emotional condition and needs of the child;
- 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 order for support not arisen;
- The responsibility of each parent for the support of others.
Take a look at some of my articles, where I talk at length about these words and how they relate to divorce and dissolution: can you move out of Ohio with the child if you have full custody, grandparents’ rights in Ohio, minimum amount of child support in Ohio, how child custody is decided in Ohio, fight to get custody of your child back in Ohio, and can I record my child’s wishes for court in Ohio.
Attorney Gigiano is a Wadsworth Child Support Attorney in Medina County, and has litigated child custody issues in Medina County Domestic Relations Court, as well as Wayne County, Summit County, Holmes County and Cuyahoga County Courts. Attorney Gigiano’s aggressive representation has earned him a number of positive reviews on a number of sites. If you have questions about this or other questions you need answered by a Wooster Child Support Attorney near Orrville or Akron Child Support Attorney near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.