The last time Ohio child support underwent major changes, the year was 1992. Back then, a first-class stamp cost 29 cents, many people had never even used email, and a gallon of gas was $1.13. Clearly, a lot has changed since those days, and it was time for child support to change, too. In 2018, Ohio House Bill 366 passed, ushering in significant changes, like adjustments to Ohio child support for other children and health insurance costs.
Under previous law, if a parent was paying child support to multiple people for multiple children, there was something of a race to file for support, as the first child whose parent filed for support generally got a larger amount than a child whose parent filed later.
HB 366 eliminated this unfair result. The new law eliminates deductions from a parent’s gross income for support amounts paid for children under a pre-existing support order, as well as support amounts for children from a parent who is not involved in the current case for child support. These deductions took a “bite” out of the paying parent’s (obligor’s) income, meaning there was less countable income on which to base subsequent child support calculations.
Under the new law, all children are treated the same because the law provides a standard income deduction for child support paid for other children. The deduction for each parent is calculated using economic tables based on the obligor’s individual income and the total number of children for whom support is being paid.
The result is a fairer outcome for all children of the obligor, although an obligor with multiple child support orders may now find that he or she is paying more in total child support.
As a general rule, under the revised child support law, the parent who receives child support (obligee) is also responsible for providing the child with health insurance. There is a rebuttable presumption to that effect written into the child support statute. In other words, it is assumed that the obligee will provide health insurance unless there are facts in evidence that indicate otherwise.
The presumption that the obligee will provide health insurance can be rebutted if the obligor, who is paying support, already has health insurance for the child or children at a reasonable cost. The presumption that the obligee will pay for insurance is rebutted even if the obligor already has insurance that is not reasonable in cost, but he or she wishes to continue providing it. Alternately, the presumption can be rebutted if the obligor can get reasonably-priced coverage for the child or children through an employer or other source. Lastly, if the obligee is a non-parent or agency, the presumption that the obligee will provide health insurance is rebutted.
Whoever furnishes and pays for health insurance for the child or children can now deduct the entire cost of health insurance from their income for purposes of calculating child support, no matter who is covered by that insurance. Under the old law, it was only the extra amount paid for the child that child support was being calculated for that counted as an adjustment. Now, the whole cost, whether family cost, employee plus children, employee plus spouse plus child – all of it counts if that person is providing insurance for the child that child support is being calculated for. Given the cost of health insurance, this deduction could be a significant benefit to parents paying for their child’s health care coverage.
These are not the only changes to Ohio child support law. If you are involved in an Ohio divorce or child support matter, or have an existing order that you are looking to modify, you may have questions about what the new Ohio child support laws will mean for you.
It is always helpful to get the guidance of an experienced Ohio family law attorney for a divorce or child support matter, but especially helpful when the law has undergone a major update. We invite you to contact Graham Hurd Law to schedule a consultation and to get your questions about adjustments to Ohio child support answered.
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