The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

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Custody / Shared Parenting / Child Support

child support mason ohio

child support

CUSTODY:

Ohio Courts recognize that each parent brings value to a child’s welfare, and encourages shared parenting.

Shared parenting does not require “equal” parenting time, but does mean that each parent participates in important decisions impacting their children.

  • Parents may elect to develop a child custody plan that includes reasonable visitation for one party, and residential custody for the other.
CHILD SUPPORT:

Child support in Ohio is calculated pursuant to a standard formula, subject to some deviation. Child support calculations reflect the parents’ relative incomes, child care expense and the cost of health insurance for the children. Support orders seek to assure that the children are adequately provided for through the financial contributions of the non-residential parent.

Support is not intended to burden the contributing parent. Child support may be modified after the divorce—most often when there is a change in the financial circumstances of the contributing parent.

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MODIFICATION OF CHILD SUPPORT:

MODIFICATION OF CHILD SUPPORT: Changed Circumstances

Although child support is set in the Decree of Divorce or Dissolution, or in the Shared Parenting Decree, the Court retains the right to modify such orders when there is a “substantial change of circumstances”.

Where there are changed circumstances, a former spouse may seek to modify support with the Child Support Enforcement Agency (“CSEA”). The CSEA's order may be appealed (the "Objection") to a magistrate who takes testimony and issues a written decision. If a party is unhappy with a magistrate’s decision he or she may request that a Judge review the decision. To do this, a transcript of the hearing must be filed within 30 days of the objection. Failure to file the transcript limits a court from reviewing the magistrate’s findings of fact.

Recently, this issue was litigated in a case where the objecting party failed to order the transcript. The party argued that the issue before the Court was legal in nature and did not require a review of the facts testified to at the hearing. The Court disagreed and ruled that courts should not be required to “guess” about the testimony at hearing.

The lesson is clear: if circumstances change and you are unhappy with a support order you need to retain counsel.  If you are unsatisfied with an order from the CSEA, or a magistrate, you may further appeal.  Only if you timely order the hearing transcript will you preserve factual and legal issues for review by a Judge.  

 

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