Ohio Divorce Laws
Title XXXI Domestic Relations - Children Chapter 3105 Divorce, Alimony, Annulment, Dissolution Of Marriage
§ 3105.01. Grounds for divorce.
The court of common pleas may grant divorces for the following causes:
(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.
[§ 3105.01.1] § 3105.011. Determination of all domestic relations matters.
The court of common pleas including divisions of courts of domestic relations, has full equitable powers and jurisdiction appropriate to the determination of all domestic relations matters. This section is not a determination by the general assembly that such equitable powers and jurisdiction do not exist with respect to any such matter.
§ 3105.02. Prohibition.
No person shall advertise, print, publish, distribute, or circulate a circular, pamphlet, card, handbill, advertisement, printed paper, book, newspaper, or notice, or cause such to be done, with the intent to procure or aid in procuring divorces or dissolutions of marriage, either in this state or elsewhere. This section does not apply to the printing or publishing of a notice or advertisement authorized by law.
§ 3105.03. Place where action shall be brought.
The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civil Procedure. The court of common pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annulment occurred, within or without the state.
Actions for legal separation shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure.
§ 3105.04. Residence of spouse.
When a person files a petition for divorce or for legal separation, the residence of the spouse does not preclude the use of sections 3105.01 to 3105.21 of the Revised Code.
§ 3105.06. Notice by publication when residence unknown.
If the residence of a defendant in an action for divorce, annulment, or legal separation is unknown, or if the defendant is not a resident of this state or is a resident of this state but absent from the state, notice of the pendency of the action shall be given by publication as provided by the Rules of Civil Procedure.
§ 3105.08. Conversion of divorce action into dissolution or vice versa.
At any time before a final judgment is entered in a divorce action, the spouses may convert the action for divorce into an action for dissolution of marriage by filing a motion with the court in which the divorce action is pending for conversion of the divorce action. The motion shall contain a petition for dissolution of marriage that satisfies the requirements of section 3105.63 of the Revised Code. The action for dissolution of marriage then shall proceed in accordance with sections 3105.61 to 3105.65 of the Revised Code with both spouses designated as petitioners. No court fees or costs normally charged upon the filing of an action shall be charged upon the conversion of the action for divorce into an action for dissolution of marriage under this section.
[§ 3105.09.1] § 3105.091. Conciliation procedures.
(A) At any time after thirty days from the service of summons or first publication of notice in an action for divorce, annulment, or legal separation, or at any time after the filing of a petition for dissolution of marriage, the court of common pleas, upon its own motion or the motion of one of the parties, may order the parties to undergo conciliation for the period of time not exceeding ninety days as the court specifies, and, if children are involved in the proceeding, the court may order the parties to take part in family counseling during the course of the proceeding or for any reasonable period of time as directed by the court. An order requiring conciliation shall set forth the conciliation procedure and name the conciliator. The conciliation procedures may include without limitation referrals to the conciliation judge as provided in Chapter 3117. of the Revised Code, public or private marriage counselors, family service agencies, community health services, physicians, licensed psychologists, or clergymen. The court, in its order requiring the parties to undergo family counseling, may name the counselor and shall set forth the required type of counseling, the length of time for the counseling, and any other specific conditions required by it. The court shall direct and order the manner in which the costs of any conciliation procedures and of any family counseling are to be paid.
(B) No action for divorce, annulment, or legal separation, in which conciliation or family counseling has been ordered, shall be heard or decided until the conciliation or family counseling has concluded and been reported to the court.
§ 3105.10. Answer, hearing, and judgment.
(A) The court of common pleas shall hear any of the causes for divorce or annulment charged in the complaint and may, upon proof to the satisfaction of the court, pronounce the marriage contract dissolved and both of the parties released from their obligations.
(B)(1) A separation agreement providing for the support of children eighteen years of age or older is enforceable by the court of common pleas.
(2) A separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement, if the court determines that it would be in the interests of justice and equity to require enforcement of the separation agreement.
(3) If a court of common pleas has a division of domestic relations, all cases brought for enforcement of a separation agreement under division (B)(1) or (2) of this section shall be assigned to the judges of that division.
(C) A plea of condonation or recrimination is not a bar to a divorce.
(D) Upon the granting of a divorce, on a complaint or counterclaim, by force of the judgment, each party shall be barred of all right of dower in real estate situated within this state of which the other was seized at any time during coverture.
(E) Upon the granting of a judgment for legal separation, when by the force of the judgment real estate is granted to one party, the other party is barred of all right of dower in the real estate and the court may provide that each party shall be barred of all rights of dower in the real estate acquired by either party at any time subsequent to the judgment.
"Dower" as used in this section has the meaning set forth in section 2103.02 of the Revised Code.
§ 3105.12. Evidence of marriage.
(A) Except as provided in division (B) of this section, proof of cohabitation and reputation of the marriage of a man and woman is competent evidence to prove their marriage, and, in the discretion of the court, that proof may be sufficient to establish their marriage for a particular purpose.
(B)(1) On and after October 10, 1991, except as provided in divisions (B)(2) and (3) of this section, common law marriages are prohibited in this state, and the marriage of a man and woman may occur in this state only if the marriage is solemnized by a person described in section 3101.08 of the Revised Code and only if the marriage otherwise is in compliance with Chapter 3101. of the Revised Code.
(2) Common law marriages that occurred in this state prior to October 10, 1991, and that have not been terminated by death, divorce, dissolution of marriage, or annulment remain valid on and after October 10, 1991.
(3) Common law marriages that satisfy all of the following remain valid on and after October 10, 1991:
(a) They came into existence prior to October 10, 1991, or come into existence on or after that date, in another state or nation that recognizes the validity of common law marriages in accordance with all relevant aspects of the law of that state or nation.
(b) They have not been terminated by death, divorce, dissolution of marriage, annulment, or other judicial determination in this or another state or in another nation.
(c) They are not otherwise deemed invalid under section 3101.01 of the Revised Code.
(4) On and after October 10, 1991, all references in the Revised Code to common law marriages or common law marital relationships, including the references in sections 2919.25, 3113.31, and 3113.33 of the Revised Code, shall be construed to mean only common law marriages as described in divisions (B)(2) and (3) of this section.
§ 3105.16. Restoration of name.
When a divorce is granted the court of common pleas shall, if the person so desires, restore any name that the person had before the marriage.
Spousal Support
§ 3105.17. Complaint for divorce or legal separation; grounds for granting.
(A) Either party to the marriage may file a complaint for divorce or for legal separation, and when filed the other may file a counterclaim for divorce or for legal separation. The court of common pleas may grant divorces for the causes set forth in section 3105.01 of the Revised Code. The court of common pleas may grant legal separation on a complaint or counterclaim, regardless of whether the parties are living separately at the time the complaint or counterclaim is filed, for the following causes:
(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought;
(2) Willful absence of the adverse party for one year;
(3) Adultery;
(4) Extreme cruelty;
(5) Fraudulent contract;
(6) Any gross neglect of duty;
(7) Habitual drunkenness;
(8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(10) Incompatibility, unless denied by either party.
(B) The filing of a complaint or counterclaim for legal separation or the granting of a decree of legal separation under this section does not bar either party from filing a complaint or counterclaim for a divorce or annulment or obtaining a divorce or annulment.
[§ 3105.17.1] § 3105.171. Equitable division of marital and separate property; distributive award.
(A) As used in this section:
(1) "Distributive award" means any payment or payments, in real or personal property, that are payable in a lump sum or over time, in fixed amounts, that are made from separate property or income, and that are not made from marital property and do not constitute payments of spousal support, as defined in section 3105.18 of the Revised Code.
(2) "During the marriage" means whichever of the following is applicable:
(a) Except as provided in division (A)(2)(b) of this section, the period of time from the date of the marriage through the date of the final hearing in an action for divorce or in an action for legal separation;
(b) If the court determines that the use of either or both of the dates specified in division (A)(2)(a) of this section would be inequitable, the court may select dates that it considers equitable in determining marital property. If the court selects dates that it considers equitable in determining marital property, "during the marriage" means the period of time between those dates selected and specified by the court.
(3)(a) "Marital property" means, subject to division (A)(3)(b) of this section, all of the following:
(i) All real and personal property that currently is owned by either or both of the spouses, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;
(ii) All interest that either or both of the spouses currently has in any real or personal property, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;
(iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
(iv) A participant account, as defined in section 148.01 of the Revised Code, of either of the spouses, to the extent of the following: the moneys that have been deferred by a continuing member or participating employee, as defined in that section, and that have been transmitted to the Ohio public employees deferred compensation board during the marriage and any income that is derived from the investment of those moneys during the marriage; the moneys that have been deferred by an officer or employee of a municipal corporation and that have been transmitted to the governing board, administrator, depository, or trustee of the deferred compensation program of the municipal corporation during the marriage and any income that is derived from the investment of those moneys during the marriage; or the moneys that have been deferred by an officer or employee of a government unit, as defined in section 148.06 of the Revised Code, and that have been transmitted to the governing board, as defined in that section, during the marriage and any income that is derived from the investment of those moneys during the marriage.
(b) "Marital property" does not include any separate property.
(4) "Passive income" means income acquired other than as a result of the labor, monetary, or in-kind contribution of either spouse.
(5) "Personal property" includes both tangible and intangible personal property.
(6)(a) "Separate property" means all real and personal property and any interest in real or personal property that is found by the court to be any of the following:
(i) An inheritance by one spouse by bequest, devise, or descent during the course of the marriage;
(ii) Any real or personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage;
(iii) Passive income and appreciation acquired from separate property by one spouse during the marriage;
(iv) Any real or personal property or interest in real or personal property acquired by one spouse after a decree of legal separation issued under section 3105.17 of the Revised Code;
(v) Any real or personal property or interest in real or personal property that is excluded by a valid antenuptial agreement;
(vi) Compensation to a spouse for the spouse's personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets;
(vii) Any gift of any real or personal property or of an interest in real or personal property that is made after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse.
(b) The commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable.
(B) In divorce proceedings, the court shall, and in legal separation proceedings upon the request of either spouse, the court may, determine what constitutes marital property and what constitutes separate property. In either case, upon making such a determination, the court shall divide the marital and separate property equitably between the spouses, in accordance with this section. For purposes of this section, the court has jurisdiction over all property in which one or both spouses have an interest.
(C)(1) Except as provided in this division or division (E) of this section, the division of marital property shall be equal. If an equal division of marital property would be inequitable, the court shall not divide the marital property equally but instead shall divide it between the spouses in the manner the court determines equitable. In making a division of marital property, the court shall consider all relevant factors, including those set forth in division (F) of this section.
(2) Each spouse shall be considered to have contributed equally to the production and acquisition of marital property.
(3) The court shall provide for an equitable division of marital property under this section prior to making any award of spousal support to either spouse under section 3105.18 of the Revised Code and without regard to any spousal support so awarded.
(4) If the marital property includes a participant account, as defined in section 148.01 of the Revised Code, the court shall not order the division or disbursement of the moneys and income described in division (A)(3)(a)(iv) of this section to occur in a manner that is inconsistent with the law, rules, or plan governing the deferred compensation program involved or prior to the time that the spouse in whose name the participant account is maintained commences receipt of the moneys and income credited to the account in accordance with that law, rules, and plan.
(D) Except as otherwise provided in division (E) of this section or by another provision of this section, the court shall disburse a spouse's separate property to that spouse. If a court does not disburse a spouse's separate property to that spouse, the court shall make written findings of fact that explain the factors that it considered in making its determination that the spouse's separate property should not be disbursed to that spouse.
(E)(1) The court may make a distributive award to facilitate, effectuate, or supplement a division of marital property. The court may require any distributive award to be secured by a lien on the payor's specific marital property or separate property.
(2) The court may make a distributive award in lieu of a division of marital property in order to achieve equity between the spouses, if the court determines that a division of the marital property in kind or in money would be impractical or burdensome.
(3) If a spouse has engaged in financial misconduct, including, but not limited to, the dissipation, destruction, concealment, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.
(F) In making a division of marital property and in determining whether to make and the amount of any distributive award under this section, the court shall consider all of the following factors:
(1) The duration of the marriage;
(2) The assets and liabilities of the spouses;
(3) The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children of the marriage;
(4) The liquidity of the property to be distributed;
(5) The economic desirability of retaining intact an asset or an interest in an asset;
(6) The tax consequences of the property division upon the respective awards to be made to each spouse;
(7) The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property;
(8) Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses;
(9) Any other factor that the court expressly finds to be relevant and equitable.
(G) In any order for the division or disbursement of property or a distributive award made pursuant to this section, the court shall make written findings of fact that support the determination that the marital property has been equitably divided and shall specify the dates it used in determining the meaning of "during the marriage."
(H) Except as otherwise provided in this section, the holding of title to property by one spouse individually or by both spouses in a form of co-ownership does not determine whether the property is marital property or separate property.
(I) A division or disbursement of property or a distributive award made under this section is not subject to future modification by the court.
(J) The court may issue any orders under this section that it determines equitable, including, but not limited to, either of the following types of orders:
(1) An order granting a spouse the right to use the marital dwelling or any other marital property or separate property for any reasonable period of time;
(2) An order requiring the sale or encumbrancing of any real or personal property, with the proceeds from the sale and the funds from any loan secured by the encumbrance to be applied as determined by the court.
§ 3105.18. Award of spousal support; modification.
(A) As used in this section, "spousal support" means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse. "Spousal support" does not include any payment made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is made as part of a division or distribution of property or a distributive award under section 3105.171 [3105.17.1] of the Revised Code.
(B) In divorce and legal separation proceedings, upon the request of either party and after the court determines the division or disbursement of property under section 3105.171 [3105.17.1] of the Revised Code, the court of common pleas may award reasonable spousal support to either party. During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party.
An award of spousal support may be allowed in real or personal property, or both, or by decreeing a sum of money, payable either in gross or by installments, from future income or otherwise, as the court considers equitable.
Any award of spousal support made under this section shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise.
(C)(1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:
(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 [3105.17.1] of the Revised Code;
(b) The relative earning abilities of the parties;
(c) The ages and the physical, mental, and emotional conditions of the parties;
(d) The retirement benefits of the parties;
(e) The duration of the marriage;
(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
(g) The standard of living of the parties established during the marriage;
(h) The relative extent of education of the parties;
(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;
(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
(l) The tax consequences, for each party, of an award of spousal support;
(m) The lost income production capacity of either party that resulted from that party's marital responsibilities;
(n) Any other factor that the court expressly finds to be relevant and equitable.
(2) In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income.
(D) In an action brought solely for an order for legal separation under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.
(E) If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, 1986, and before January 1, 1991, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, 1991, the court that enters the decree of divorce or dissolution of marriage does not have jurisdiction to modify the amount or terms of the alimony or spousal support unless the court determines that the circumstances of either party have changed and unless one of the following applies:
(1) In the case of a divorce, the decree or a separation agreement of the parties to the divorce that is incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
(2) In the case of a dissolution of marriage, the separation agreement that is approved by the court and incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
(F) For purposes of divisions (D) and (E) of this section, a change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, or medical expenses.
(G) If any person required to pay alimony under an order made or modified by a court on or after December 1, 1986, and before January 1, 1991, or any person required to pay spousal support under an order made or modified by a court on or after January 1, 1991, is found in contempt of court for failure to make alimony or spousal support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and shall require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(H) In divorce or legal separation proceedings, the court may award reasonable attorney's fees to either party at any stage of the proceedings, including, but not limited to, any appeal, any proceeding arising from a motion to modify a prior order or decree, and any proceeding to enforce a prior order or decree, if it determines that the other party has the ability to pay the attorney's fees that the court awards. When the court determines whether to award reasonable attorney's fees to any party pursuant to this division, it shall determine whether either party will be prevented from fully litigating that party's rights and adequately protecting that party's interests if it does not award reasonable attorney's fees.
§ 3105.21. Order for disposition, care and maintenance of children.
(A) Upon satisfactory proof of the causes in the complaint for divorce, annulment, or legal separation, the court of common pleas shall make an order for the disposition, care, and maintenance of the children of the marriage, as is in their best interests, and in accordance with section 3109.04 of the Revised Code.
(B) Upon the failure of proof of the causes in the complaint, the court may make the order for the disposition, care, and maintenance of any dependent child of the marriage as is in the child's best interest, and in accordance with section 3109.04 of the Revised Code.
(C) Any court of common pleas that makes or modifies an order for child support under this section shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
Annulment
§ 3105.31. Grounds for annulment.
A marriage may be annulled for any of the following causes existing at the time of the marriage:
(A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife;
(B) That the former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force;
(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;
(D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;
(E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband or wife;
(F) That the marriage between the parties was never consummated although otherwise valid.
§ 3105.32. When action must be commenced and by what parties.
An action to obtain a decree of nullity of a marriage must be commenced within the periods and by the parties as follows:
(A) For the cause mentioned in division (A) of section 3105.31 of the Revised Code, by the party to the marriage who was married under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, within two years after arriving at such age; or by a parent, guardian, or other person having charge of such party at any time before such party has arrived at such age;
(B) For the cause mentioned in division (B) of section 3105.31 of the Revised Code, by either party during the life of the other or by such former husband or wife;
(C) For the cause mentioned in division (C) of section 3105.31 of the Revised Code, by the party aggrieved or a relative or guardian of the party adjudicated mentally incompetent at any time before the death of either party;
(D) For the cause mentioned in division (D) of section 3105.31 of the Revised Code, by the party aggrieved within two years after the discovery of the facts constituting fraud;
(E) For the cause mentioned in division (E) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date of the said marriage;
(F) For the cause mentioned in division (F) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date of the marriage.
§ 3105.34. Restoration of name upon annulment.
If the court determines that a marriage is void or that a judgment of nullity ought to be granted, the court may in its discretion, and regardless of whether or not a request therefor was included in the prayer of the complaint as a part of such judgment, restore any name that the person had before the marriage.
Dissolution Of Marriage
§ 3105.61. Court of Common Pleas.
The court of common pleas may grant a dissolution of marriage.
§ 3105.62. State resident; service of process.
One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition. Actions for dissolution of marriage shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure. An action for dissolution of marriage may be brought pursuant to a motion for conversion of a divorce action into an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code. For purposes of service of process, both parties in an action for dissolution of marriage shall be considered as defendants and subject to service of process as defendants pursuant to the Rules of Civil Procedure.
§ 3105.63. Separation agreement provisions.
(A)(1) A petition for dissolution of marriage shall be signed by both spouses and shall have attached and incorporated a separation agreement agreed to by both spouses. The separation agreement shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement. If there are minor children of the marriage, the spouses may address the allocation of the parental rights and responsibilities for the care of the minor children by including in the separation agreement a plan under which both parents will have shared rights and responsibilities for the care of the minor children. The spouses shall file the plan with the petition for dissolution of marriage and shall include in the plan the provisions described in division (G) of section 3109.04 of the Revised Code.
(2) The division of property in the separation agreement shall include any participant account, as defined in section 148.01 of the Revised Code, of either of the spouses, to the extent of the following:
(a) The moneys that have been deferred by a continuing member or participating employee, as defined in that section, and that have been transmitted to the Ohio public employees deferred compensation board during the marriage and any income that is derived from the investment of those moneys during the marriage;
(b) The moneys that have been deferred by an officer or employee of a municipal corporation and that have been transmitted to the governing board, administrator, depository, or trustee of the deferred compensation program of the municipal corporation during the marriage and any income that is derived from the investment of those moneys during the marriage;
(c) The moneys that have been deferred by an officer or employee of a government unit, as defined in section 148.06 of the Revised Code, and that have been transmitted to the governing board, as defined in that section, during the marriage and any income that is derived from the investment of those moneys during the marriage.
(3) The separation agreement shall not require or permit the division or disbursement of the moneys and income described in division (A)(2) of this section to occur in a manner that is inconsistent with the law, rules, or plan governing the deferred compensation program involved or prior to the time that the spouse in whose name the participant account is maintained commences receipt of the moneys and income credited to the account in accordance with that law, rules, and plan.
(B) An amended separation agreement may be filed at any time prior to or during the hearing on the petition for dissolution of marriage. Upon receipt of a petition for dissolution of marriage, the court may cause an investigation to be made pursuant to the Rules of Civil Procedure.
(C) If a petition for dissolution of marriage contains an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement, the modification shall be in accordance with section 3105.18 of the Revised Code.
§ 3105.64. Time of court appearance after filing petition.
(A) Except as provided in division (B) of this section, not less than thirty nor more than ninety days after the filing of a petition for dissolution of marriage, both spouses shall appear before the court and each spouse shall acknowledge under oath that he has voluntarily entered into the separation agreement appended to the petition, that he is satisfied with its terms, and that he seeks dissolution of the marriage.
(B) If an action for divorce is converted to an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code and if the conversion occurs more than thirty days after the filing of the original petition in the divorce action, the appearance and acknowledgement requirements of division (A) of this section may be satisfied at the time of the conversion or at a time that is not more than ninety days after the conversion.
§ 3105.65. Power of court.
(A) If, at the time of the hearing, either spouse is not satisfied with the separation agreement or does not wish a dissolution of the marriage and if neither spouse files a motion pursuant to division (C) of this section to convert the action to an action for divorce, the court shall dismiss the petition and refuse to validate the proposed separation agreement.
(B) If, upon review of the testimony of both spouses and of the report of the investigator pursuant to the Rules of Civil Procedure, the court approves the separation agreement and any amendments to it agreed upon by the parties, it shall grant a decree of dissolution of marriage that incorporates the separation agreement. If the separation agreement contains a plan for the exercise of shared parenting by the spouses, the court shall review the plan in accordance with the provisions of division (D)(1) of section 3109.04 of the Revised Code that govern the review of a pleading or motion requesting shared parenting jointly submitted by both spouses to a marriage. A decree of dissolution of marriage has the same effect upon the property rights of the parties, including rights of dower and inheritance, as a decree of divorce. The court has full power to enforce its decree and retains jurisdiction to modify all matters pertaining to the allocation of parental rights and responsibilities for the care of the children, to the designation of a residential parent and legal custodian of the children, to child support, to parenting time of parents with the children, and to visitation for persons who are not the children's parents. The court, only in accordance with division (E)(2) of section 3105.18 of the Revised Code, may modify the amount or terms of spousal support.
(C) At any time before a decree of dissolution of marriage has been granted under division (B) of this section, either spouse may convert the action for dissolution of marriage into a divorce action by filing a motion with the court in which the action for dissolution of marriage is pending for conversion of the action for dissolution of marriage. The motion shall contain a complaint for divorce that contains grounds for a divorce and that otherwise complies with the Rules of Civil Procedure and this chapter. The divorce action then shall proceed in accordance with the Rules of Civil Procedure in the same manner as if the motion had been the original complaint in the action, including, but not limited to, the issuance and service of summons pursuant to Civil Rules 4 to 4.6, except that no court fees shall be charged upon conversion of the action for dissolution of marriage into a divorce action under this division.
§ 3105.71. Party to domestic relations action not to cancel health insurance for spouse and dependents.
(A) If a party to an action for divorce, annulment, dissolution of marriage, or legal separation was the named insured or subscriber under, or the policyholder, certificate holder, or contract holder of, a policy, contract, or plan of health insurance that provided health insurance coverage for that party's spouse and dependents immediately prior to the filing of the action, that party shall not cancel or otherwise terminate or cause the termination of such coverage for which the spouse and dependents would otherwise be eligible until the court determines that the party is no longer responsible for providing such health insurance coverage for that party's spouse and dependents.
(B) If the party responsible for providing health insurance coverage for that party's spouse and dependents under division (A) of this section fails to provide that coverage in accordance with that division, the court shall issue an order that includes all of the following:
(1) A requirement that the party make payment to that party's spouse in the amount of any premium that party failed to pay or contribution that party failed to make that resulted in that party's failure to provide health insurance coverage in compliance with division (A) of this section;
(2) A requirement that the party make payment to that party's spouse for reimbursement of any hospital, surgical, and medical expenses incurred as a result of that party's failure to comply with division (A) of this section;
(3) A requirement that, if the party fails to comply with divisions (B)(1) and (2) of this section, the employer of the party deduct from the party's earnings an amount necessary to make any payments required under divisions (B)(1) and (2) of this section.
(C) If the party responsible for providing health insurance coverage for that party's spouse and dependents under division (A) of this section cancels or otherwise terminates or causes the termination of such coverage for which the spouse and dependents would otherwise be eligible, the spouse may apply to the insurer, health insuring corporation, or other third-party payer that provided the coverage for a policy or contract of health insurance. The spouse and dependents shall have the same rights and be subject to the same limitations as a person applying for or covered under a converted or separate policy under section 3923.32 of the Revised Code upon the divorce, annulment, dissolution of marriage, or the legal separation of the spouse from the named insured.
§ 3105.72. Record to include social security numbers.
The record of any action instituted under this chapter shall include the social security numbers of both parties to the action.
Income Withholding Orders
§ 3115.32. Sending of withholding order.
An income withholding order issued in another state may be sent to the obligor's payor without first filing a complaint or comparable pleading or registering the order with a tribunal or support enforcement agency of this state.
§ 3115.33. Duties of obligor's payor upon receiving withholding order.
(A) Upon receipt of an income withholding order, the obligor's payor shall immediately provide a copy of the order to the obligor.
(B) The payor shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal or support enforcement agency of this state.
(C) Except as otherwise provided in division (D) of this section and section 3115.34 of the Revised Code, the payor shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order that specify:
(1) The duration and amount of periodic payments of support, stated as a sum certain;
(2) The person or agency designated to receive payments and the address to which the payments are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage under a policy available through the obligor's payor;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as a sum certain;
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as a sum certain.
(D) A payor shall comply with the law of the state of the obligor's principal place of employment, if the payor is the obligor's employer, or the payor's principal place of business, in all other cases, for withholding from income with respect to all of the following:
(1) The payor's fee for processing an income withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income;
(3) The times within which the payor must implement the withholding order and forward the support payment.
§ 3115.34. Compliance with multiple orders.
If an obligor's payor receives multiple income withholding orders with respect to the earnings of the same obligor, the payor satisfies the terms of the multiple orders if the payor complies with the law of the state of the obligor's principal place of employment, if the payor is the obligor's employer, or the payor's principal place of business, in all other cases, to establish the priorities for withholding and allocating income withheld for multiple support obligees.
§ 3115.35. Immunity of payor.
A payor who complies with an income withholding order issued in another state in accordance with sections 3115.32 to 3115.37 of the Revised Code is not subject to civil liability to an individual or agency with regard to the payor's withholding of support from the obligor's income pursuant to the support order.
§ 3115.36. Liability of payor.
A payor who willfully fails to comply with an income withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal or support enforcement agency of this state.
§ 3115.37. Obligor's remedy for contesting withholding order.
(A) If a person designated as an obligor under an income withholding order issued in another state and received directly by a payor in this state believes that the person is not subject to a support order or does not have a duty of support under any order issued by any tribunal pursuant to which the income withholding order was issued, the person may contact the office of child support in the department of job and family services and request that the office investigate whether the person is subject to such a support order or has such a duty of support. Not later than fifteen days after the date the request is made, the office shall conduct the investigation and notify the person of its determination. If the office determines that the person is subject to a support order or does have a duty of support under any order issued by any tribunal pursuant to which the income withholding order was issued, the person may contest the validity or enforcement of the income withholding order by filing an action for declaratory judgment pursuant to Chapter 2721. of the Revised Code in the juvenile court or other court with jurisdiction under section 2101.022 [2101.02.2] or 2301.03 of the Revised Code in the county in which is located the payor's principal place of business requesting that the court determine whether the person is the obligor subject to a support order or has a duty of support under a support order pursuant to which the income withholding order was issued.
(B) The obligor shall give notice of the action initiated pursuant to Chapter 2721. of the Revised Code to all of the following:
(1) A support enforcement agency providing services to the obligee;
(2) Each payor that has directly received an income withholding order;
(3) The person or agency designated to receive payments in the income withholding order or, if no person or agency is designated, the obligee.
(C) Notwithstanding sections 3115.32 to 3115.36 of the Revised Code, if the office determines, or the court issues an order determining, that the person is not an obligor subject to a support order or does not have a duty of support under a support order pursuant to which the income withholding order was issued, the payor shall not enforce the income withholding order against the person.
Chapter 3117 Conciliation Of Marital Controversies
§ 3117.01. Determination of necessity of conciliation process.
Chapter 3117. of the Revised Code is applicable only in counties in which the court of common pleas determines that social conditions and the number of domestic relations cases in the county render the conciliation procedures provided necessary to proper consideration of such cases or to effectuate conciliation of marital controversies. Such determination shall be made by the judge of the court of common pleas in counties having only one such judge, or by a majority of the judges of the court of common pleas in counties having more than one such judge. A determination to terminate such procedures may be made in the same manner.
§ 3117.02. Conciliation judges.
(A) Judges elected under section 2301.03 of the Revised Code as judges of the court of common pleas, division of domestic relations, shall hear all conciliation cases.
(B) In counties having more than one judge of the court of common pleas, but no division of domestic relations, the presiding judge or the judges of that court shall designate, in January of each year, one or more of their number to hear all conciliation cases. A conciliation judge may request that any case before him be assigned by the presiding judge for hearing or other proceedings by any other common pleas judge, whenever in the opinion of the conciliation judge the assignment is necessary to expedite any case. When any case is so assigned, the judge to whom it is assigned acts as a conciliation judge.
(C) The presiding judge of the court of common pleas may appoint a judge of the court of common pleas to act as conciliation judge during any period when a conciliation judge is on vacation, is absent, or is for any reason unable to perform his duties.
§ 3117.05. Petition; referral of complaints; files to be closed.
(A) Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation, to preserve the marriage by effecting a reconciliation, or to amicably settle the controversy between the spouses, so as to avoid further litigation over the issues involved.
(B) The petition shall be captioned substantially as follows:
IN THE COURT OF COMMON PLEAS OF ________. COUNTY, OHIO
In Re : No. ______
___________ :
and : PETITION FOR
CONCILIATION
____________ :
(C) The petition shall:
(1) Allege facts showing a controversy between the spouses which may, unless a reconciliation or settlement is achieved, result in dissolution of the marriage or disruption of the household;
(2) State the name and age of each minor child whose welfare may be affected by the controversy;
(3) State the names and addresses of the parties;
(4) Name as respondent any other person who has any relation to the controversy, stating his address if known to the petitioner;
(5) State any other information that the court by rule requires;
(6) Request the aid of the court to effect a reconciliation or any amicable settlement of the controversy between the parties.
(D) The clerk of the court of common pleas shall provide, at the expense of the county, blank forms for petitions for filing pursuant to this chapter. Any employee of the county engaged in conciliation duties shall assist any person at his request in the preparation and presentation of any such petition. All public officers in each county shall refer to the conciliation judge all petitions and complaints made to them in respect to controversies within the purview of this chapter.
(E) No fee shall be charged for filing the petition, nor shall any fee be charged by any officer for the performance of any duty pursuant to this chapter.
(F) Conciliation case files shall be closed, but may be opened for inspection by any party, his counsel, or other proper person, upon written authority of the conciliation judge.
§ 3117.06. Hearing and conferences; court order.
(A) The conciliation judge shall fix a reasonable time and place for hearing on the petition within thirty days after the date it is filed, and shall cause such manner of notice of the filing of the petition and the time and place for hearing as he finds necessary to be given to the parties and respondents. The court may issue a citation to any party or respondent requiring him to appear at the time and place stated in the citation, and may require the attendance of witnesses as in other civil cases.
(B) The court may be convened and hearings held pursuant to this chapter at any time and place within the county, and the hearing may be had in chambers or otherwise, except that if any party, prior to hearing, objects to a different time or place, the time and place for hearing shall be that provided by law for the trial of civil actions.
(C) Hearings and conferences in conciliation proceedings shall be held in private. The court shall exclude all persons except officers and employees of the court, the parties and respondents and their counsel, witnesses, and persons called to the aid of the court in the controversy. Conferences may be held with each party separately, and counsel for one party may be excluded from a hearing or conference when the other party is present without counsel.
(D) Hearings and conferences shall be conducted as informally as possible, and a series of hearings or conferences may be held if it appears necessary to effect a reconciliation or amicable settlement of the controversy between the spouses. The court may, with the consent of the parties, recommend or invoke the aid of physicians, psychologists, clergymen, or other specialists, or persons with expertise in the matter in controversy. Such aid shall be at the expense of the parties, unless the board of county commissioners authorizes and provides for payment for such aid.
(E) Upon hearing, the conciliation judge may make such orders in respect to the conduct of the spouses and the subject matter of the controversy as the court finds necessary to preserve the marriage or implement the reconciliation of the spouses. Such orders shall not be effective for more than thirty days, unless the parties consent to a longer time or to a continuation. Any reconciliation agreement between the parties may be reduced to writing and, with the consent of the parties, a court order may be made pursuant to this section requiring the parties to comply therewith.
§ 3117.07. Other actions deferred pending conciliation.
During the period beginning with the filing of the petition for conciliation and continuing until expiration of any court order made pursuant to division (E) of section 3117.06 of the Revised Code, neither spouse may file or proceed with any action for divorce, annulment, or legal separation. The pendency of an action for divorce, annulment, or legal separation does not bar proceedings for conciliation under this chapter.
Chapter 3119 Calculation Of Child Support Obligation - Health Insurance Coverage
§ 3119.01. Definitions.
(A) As used in the Revised Code, "child support enforcement agency" means a child support enforcement agency designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or a private or government entity designated as a child support enforcement agency under section 307.981 [307.98.1] of the Revised Code.
(B) As used in this chapter and Chapters 3121., 3123., and 3125. of the Revised Code:
(1) "Administrative child support order" means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109.19 or 3111.81 of the Revised Code or former section 3111.211 [3111.21.1] of the Revised Code, section 3111.21 of the Revised Code as that section existed prior to January 1, 1998, or section 3111.20 or 3111.22 of the Revised Code as those sections existed prior to March 22, 2001.
(2) "Child support order" means either a court child support order or an administrative child support order.
(3) "Obligee" means the person who is entitled to receive the support payments under a support order.
(4) "Obligor" means the person who is required to pay support under a support order.
(5) "Support order" means either an administrative child support order or a court support order.
(C) As used in this chapter:
(1) "Combined gross income" means the combined gross income of both parents.
(2) "Court child support order" means any order issued by a court for the support of a child pursuant to Chapter 3115. of the Revised Code, section 2151.23, 2151.231, 2151.232 [2151.23.1, 2151.23.2], 2151.33, 2151.36, 2151.361 [2151.36.1], 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code.
(3) "Court support order" means either a court child support order or an order for the support of a spouse or former spouse issued pursuant to Chapter 3115. of the Revised Code, section 3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code.
(4) "Extraordinary medical expenses" means any uninsured medical expenses incurred for a child during a calendar year that exceed one hundred dollars.
(5) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the gross income of the parent;
(b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent and any potential income of the parent.
(6) "Insurer" means any person authorized under Title XXXIX of the Revised Code to engage in the business of insurance in this state, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members.
(7) "Gross income" means, except as excluded in division (C)(7) of this section, the total of all earned and unearned income from all sources during a calendar year, whether or not the income is taxable, and includes income from salaries, wages, overtime pay, and bonuses to the extent described in division (D) of section 3119.05 of the Revised Code; commissions; royalties; tips; rents; dividends; severance pay; pensions; interest; trust income; annuities; social security benefits, including retirement, disability, and survivor benefits that are not means-tested; workers' compensation benefits; unemployment insurance benefits; disability insurance benefits; benefits that are not means-tested and that are received by and in the possession of the veteran who is the beneficiary for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration; spousal support actually received; and all other sources of income. "Gross income" includes income of members of any branch of the United States armed services or national guard, including, amounts representing base pay, basic allowance for quarters, basic allowance for subsistence, supplemental subsistence allowance, cost of living adjustment, specialty pay, variable housing allowance, and pay for training or other types of required drills; self-generated income; and potential cash flow from any source.
"Gross income" does not include any of the following:
(a) Benefits received from means-tested government administered programs, including Ohio works first; prevention, retention, and contingency; means-tested veterans' benefits; supplemental security income; food stamps; disability financial assistance; or other assistance for which eligibility is determined on the basis of income or assets;
(b) Benefits for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration that are not means-tested, that have not been distributed to the veteran who is the beneficiary of the benefits, and that are in the possession of the United States department of veterans' affairs or veterans' administration;
(c) Child support received for children who were not born or adopted during the marriage at issue;
(d) Amounts paid for mandatory deductions from wages such as union dues but not taxes, social security, or retirement in lieu of social security;
(e) Nonrecurring or unsustainable income or cash flow items;
(f) Adoption assistance and foster care maintenance payments made pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended.
(8) "Nonrecurring or unsustainable income or cash flow item" means an income or cash flow item the parent receives in any year or for any number of years not to exceed three years that the parent does not expect to continue to receive on a regular basis. "Nonrecurring or unsustainable income or cash flow item" does not include a lottery prize award that is not paid in a lump sum or any other item of income or cash flow that the parent receives or expects to receive for each year for a period of more than three years or that the parent receives and invests or otherwise uses to produce income or cash flow for a period of more than three years.
(9)(a) "Ordinary and necessary expenses incurred in generating gross receipts" means actual cash items expended by the parent or the parent's business and includes depreciation expenses of business equipment as shown on the books of a business entity.
(b) Except as specifically included in "ordinary and necessary expenses incurred in generating gross receipts" by division (C)(9)(a) of this section, "ordinary and necessary expenses incurred in generating gross receipts" does not include depreciation expenses and other noncash items that are allowed as deductions on any federal tax return of the parent or the parent's business.
(10) "Personal earnings" means compensation paid or payable for personal services, however denominated, and includes wages, salary, commissions, bonuses, draws against commissions, profit sharing, vacation pay, or any other compensation.
(11) "Potential income" means both of the following for a parent who the court pursuant to a court support order, or a child support enforcement agency pursuant to an administrative child support order, determines is voluntarily unemployed or voluntarily underemployed:
(a) Imputed income that the court or agency determines the parent would have earned if fully employed as determined from the following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if any;
(iv) The availability of employment in the geographic area in which the parent resides;
(v) The prevailing wage and salary levels in the geographic area in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the ability to earn the imputed income;
(viii) The age and special needs of the child for whom child support is being calculated under this section;
(ix) The parent's increased earning capacity because of experience;
(x) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of a parent, as determined from the local passbook savings rate or another appropriate rate as determined by the court or agency, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised Code, if the income is significant.
(12) "Schedule" means the basic child support schedule set forth in section 3119.021 [3119.02.1] of the Revised Code.
(13) "Self-generated income" means gross receipts received by a parent from self-employment, proprietorship of a business, joint ownership of a partnership or closely held corporation, and rents minus ordinary and necessary expenses incurred by the parent in generating the gross receipts. "Self-generated income" includes expense reimbursements or in-kind payments received by a parent from self-employment, the operation of a business, or rents, including company cars, free housing, reimbursed meals, and other benefits, if the reimbursements are significant and reduce personal living expenses.
(14) "Split parental rights and responsibilities" means a situation in which 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.
(15) "Worksheet" means the applicable worksheet that is used to calculate a parent's child support obligation as set forth in sections 3119.022 and 3119.023 [3119.02.2 and 3119.02.3] of the Revised Code.
§ 3119.02. Calculation of obligor's child support obligation; monthly figure; periodic payments.
In any action in which a court child support order is issued or modified, in any other proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order, or when a child support enforcement agency determines the amount of child support that will be paid pursuant to an administrative child support order, the court or agency shall calculate the amount of the obligor's child support obligation in accordance with the basic child support schedule, the applicable worksheet, and the other provisions of sections 3119.02 to 3119.24 of the Revised Code. The court or agency shall specify the support obligation as a monthly amount due and shall order the support obligation to be paid in periodic increments as it determines to be in the best interest of the children. In performing its duties under this section, the court or agency is not required to accept any calculations in a worksheet prepared by any party to the action or proceeding.
[§ 3119.02.1] § 3119.021. Basic child support schedule.
The following basic child support schedule shall be used by all courts and child support enforcement agencies when calculating the amount of child support to be paid pursuant to a child support order, unless the combined gross income of the parents is less than sixty-six hundred dollars or more than one hundred fifty thousand dollars:
Basic Child Support Schedule
Number of Children
Combined
Gross
Income One Two Three Four Five Six
6600 600 600 600 600 600 600
7200 600 600 600 600 600 600
7800 600 600 600 600 600 600
8400 600 600 600 600 600 600
9000 849 859 868 878 887 896
9600 1259 1273 1287 1301 1315 1329
10200 1669 1687 1706 1724 1743 1761
10800 2076 2099 2122 2145 2168 2192
11400 2331 2505 2533 2560 2588 2616
12000 2439 2911 2943 2975 3007 3039
12600 2546 3318 3354 3390 3427 3463
13200 2654 3724 3765 3806 3846 3887
13800 2761 4029 4175 4221 4266 4311
14400 2869 4186 4586 4636 4685 4735
15000 2976 4342 4996 5051 5105 5159
15600 3079 4491 5321 5466 5524 5583
16200 3179 4635 5490 5877 5940 6003
16800 3278 4780 5660 6254 6355 6423
17400 3378 4924 5830 6442 6771 6843
18000 3478 5069 5999 6629 7186 7262
18600 3578 5213 6169 6816 7389 7682
19200 3678 5358 6339 7004 7592 8102
19800 3778 5502 6508 7191 7796 8341
20400 3878 5647 6678 7378 7999 8558
21000 3977 5790 6847 7565 8201 8774
21600 4076 5933 7015 7750 8402 8989
22200 4176 6075 7182 7936 8602 9204
22800 4275 6216 7345 8116 8798 9413
23400 4373 6357 7509 8297 8994 9623
24000 4471 6498 7672 8478 9190 9832
24600 4570 6639 7836 8658 9386 10042
25200 4668 6780 8000 8839 9582 10251
25800 4767 6920 8163 9020 9778 10461
26400 4865 7061 8327 9200 9974 10670
27000 4963 7202 8490 9381 10170 10880
27600 5054 7332 8642 9548 10351 11074
28200 5135 7448 8776 9697 10512 11246
28800 5216 7564 8911 9845 10673 11418
29400 5297 7678 9045 9995 10833 11592
30000 5377 7792 9179 10143 10994 11764
30600 5456 7907 9313 10291 11154 11936
31200 5535 8022 9447 10439 11315 12107
31800 5615 8136 9581 10587 11476 12279
32400 5694 8251 9715 10736 11636 12451
33000 5774 8366 9849 10884 11797 12623
33600 5853 8480 9983 11032 11957 12794
34200 5933 8595 10117 11180 12118 12966
34800 6012 8709 10251 11328 12279 13138
35400 6091 8824 10385 11476 12439 13310
36000 6171 8939 10519 11624 12600 13482
36600 6250 9053 10653 11772 12761 13653
37200 6330 9168 10787 11920 12921 13825
37800 6406 9275 10913 12058 13071 13988
38400 6447 9335 10984 12137 13156 14079
39000 6489 9395 11055 12215 13242 14170
39600 6530 9455 11126 12294 13328 14261
40200 6571 9515 11197 12373 13413 14353
40800 6613 9575 11268 12451 13499 14444
41400 6653 9634 11338 12529 13583 14534
42000 6694 9693 11409 12607 13667 14624
42600 6735 9752 11479 12684 13752 14714
43200 6776 9811 11549 12762 13836 14804
43800 6817 9871 11619 12840 13921 14894
44400 6857 9930 11690 12917 14005 14985
45000 6898 9989 11760 12995 14090 15075
45600 6939 10049 11830 13073 14174 15165
46200 6978 10103 11897 13146 14251 15250
46800 7013 10150 11949 13203 14313 15316
47400 7048 10197 12000 13260 14375 15382
48000 7083 10245 12052 13317 14437 15448
48600 7117 10292 12103 13374 14498 15514
49200 7152 10339 12155 13432 14560 15580
49800 7187 10386 12206 13489 14622 15646
50400 7222 10433 12258 13546 14684 15712
51000 7257 10481 12309 13603 14745 15778
51600 7291 10528 12360 13660 14807 15844
52200 7326 10575 12412 13717 14869 15910
52800 7361 10622 12463 13774 14931 15976
53400 7396 10669 12515 13832 14992 16042
54000 7431 10717 12566 13889 15054 16108
54600 7468 10765 12622 13946 15120 16178
55200 7524 10845 12716 14050 15232 16298
55800 7582 10929 12814 14159 15350 16425
56400 7643 11016 12918 14273 15474 16558
57000 7704 11104 13021 14388 15598 16691
57600 7765 11192 13125 14502 15722 16824
58200 7825 11277 13225 14613 15842 16953
58800 7883 11361 13324 14723 15961 17079
59400 7941 11445 13423 14832 16079 17206
60000 8000 11529 13522 14941 16197 17333
60600 8058 11612 13620 15050 16315 17460
61200 8116 11696 13719 15160 16433 17587
61800 8175 11780 13818 15269 16552 17714
62400 8233 11864 13917 15378 16670 17840
63000 8288 11945 14011 15481 16783 17958
63600 8344 12024 14102 15582 16893 18075
64200 8399 12103 14194 15683 17002 18193
64800 8454 12183 14285 15784 17111 18310
65400 8510 12262 14376 15885 17220 18427
66000 8565 12341 14468 15986 17330 18544
66600 8620 12421 14559 16087 17439 18661
67200 8676 12500 14650 16188 17548 18778
67800 8731 12579 14741 16289 17657 18895
68400 8786 12659 14833 16390 17767 19012
69000 8842 12738 14924 16491 17876 19129
69600 8897 12817 15015 16592 17985 19246
70200 8953 12897 15107 16693 18094 19363
70800 9008 12974 15196 16791 18201 19476
71400 9060 13047 15281 16885 18302 19585
72000 9111 13120 15366 16979 18404 19694
72600 9163 13194 15451 17073 18506 19803
73200 9214 13267 15536 17167 18608 19912
73800 9266 13340 15621 17261 18709 20021
74400 9318 13413 15706 17355 18811 20130
75000 9369 13487 15791 17449 18913 20239
75600 9421 13560 15876 17543 19015 20347
76200 9473 13633 15961 17636 19116 20456
76800 9524 13707 16046 17730 19218 20565
77400 9576 13780 16131 17824 19320 20674
78000 9627 13853 16216 17918 19422 20783
78600 9679 13927 16300 18012 19523 20892
79200 9731 14000 16385 18106 19625 21001
79800 9782 14073 16470 18200 19727 21109
80400 9834 14147 16555 18294 19829 21218
81000 9885 14220 16640 18387 19930 21326
81600 9936 14292 16723 18480 20030 21434
82200 9987 14364 16807 18573 20131 21541
82800 10038 14439 16891 18665 20235 21651
83400 10090 14514 16979 18762 20340 21763
84000 10142 14589 17066 18859 20444 21875
84600 10194 14663 17154 18956 20549 21987
85200 10246 14738 17241 19052 20653 22099
85800 10298 14813 17329 19149 20758 22211
86400 10350 14887 17417 19246 20863 22323
87000 10403 14962 17504 19343 20967 22435
87600 10455 15037 17592 19440 21072 22547
88200 10507 15111 17679 19537 21176 22659
88800 10559 15186 17767 19633 21281 22771
89400 10611 15261 17855 19730 21386 22883
90000 10663 15335 17942 19827 21490 22995
90600 10715 15410 18030 19924 21595 23107
91200 10767 15485 18118 20021 21700 23219
91800 10819 15559 18205 20118 21804 23331
92400 10872 15634 18293 20215 21909 23443
93000 10924 15709 18380 20311 22013 23555
93600 10976 15783 18468 20408 22118 23667
94200 11028 15858 18556 20505 22223 23779
94800 11080 15933 18643 20602 22327 23891
95400 11132 16007 18731 20699 22432 24003
96000 11184 16082 18818 20796 22536 24115
96600 11236 16157 18906 20892 22641 24227
97200 11289 16231 18994 20989 22746 24339
97800 11341 16306 19081 21086 22850 24451
98400 11393 16381 19169 21183 22955 24563
99000 11446 16450 19255 21279 23062 24676
99600 11491 16516 19334 21366 23156 24777
100200 11536 16583 19413 21453 23250 24878
100800 11581 16649 19491 21539 23345 24978
101400 11625 16714 19569 21625 23437 25077
102000 11670 16779 19646 21710 23530 25177
102600 11714 16844 19724 21796 23623 25276
103200 11759 16909 19801 21881 23715 25375
103800 11803 16974 19879 21967 23808 25475
104400 11847 17039 19956 22052 23901 25574
105000 11892 17104 20034 22138 23994 25673
105600 11934 17167 20108 22220 24083 25769
106200 11979 17232 20186 22305 24176 25868
106800 12023 17297 20263 22391 24269 25968
107400 12068 17362 20341 22476 24361 26067
108000 12110 17425 20415 22559 24451 26162
108600 12155 17490 20493 22644 24543 26262
109200 12199 17555 20570 22730 24636 26361
109800 12243 17620 20648 22815 24729 26460
110400 12286 17683 20722 22897 24818 26556
111000 12331 17748 20800 22983 24911 26655
111600 12375 17813 20877 23068 25004 26755
112200 12419 17878 20955 23154 25096 26854
112800 12462 17941 21029 23236 25186 26949
113400 12506 18006 21107 23322 25278 27049
114000 12551 18071 21184 23407 25371 27148
114600 12595 18136 21262 23493 25464 27247
115200 12640 18202 21339 23578 25557 27347
115800 12682 18264 21414 23660 25646 27442
116400 12727 18329 21491 23746 25739 27542
117000 12771 18394 21569 23831 25832 27641
117600 12815 18460 21646 23917 25924 27740
118200 12858 18522 21721 23999 26013 27836
118800 12902 18587 21798 24084 26106 27935
119400 12947 18652 21876 24170 26199 28034
120000 12991 18718 21953 24256 26292 28134
120600 13034 18780 22028 24338 26381 28229
121200 13078 18845 22105 24423 26474 28329
121800 13123 18910 22183 24509 26567 28428
122400 13167 18976 22260 24594 26659 28527
123000 13210 19038 22335 24676 26749 28623
123600 13254 19103 22412 24762 26841 28722
124200 13299 19168 22490 24847 26934 28821
124800 13343 19234 22567 24933 27027 28921
125400 13386 19296 22642 25015 27116 29016
126000 13430 19361 22719 25101 27209 29115
126600 13474 19426 22797 25186 27302 29215
127200 13519 19492 22874 25272 27395 29314
127800 13561 19554 22949 25354 27484 29410
128400 13606 19619 23026 25439 27576 29509
129000 13650 19684 23104 25525 27669 29608
129600 13695 19750 23181 25610 27762 29708
130200 13739 19815 23259 25696 27855 29807
130800 13783 19879 23335 25780 27946 29905
131400 13828 19945 23414 25868 28041 30007
132000 13874 20012 23494 25955 28136 30108
132600 13919 20079 23573 26043 28231 30210
133200 13963 20143 23649 26127 28323 30308
133800 14008 20210 23729 26215 28418 30410
134400 14054 20276 23808 26302 28513 30511
135000 14099 20343 23887 26390 28608 30613
135600 14143 20407 23964 26474 28699 30711
136200 14188 20474 24043 26561 28794 30813
136800 14234 20541 24123 26649 28889 30914
137400 14279 20607 24202 26737 28984 31016
138000 14323 20671 24278 26821 29075 31114
138600 14368 20738 24358 26908 29170 31215
139200 14414 20805 24437 26996 29265 31317
139800 14459 20872 24516 27083 29361 31419
140400 14503 20936 24593 27168 29452 31517
141000 14549 21002 24672 27255 29547 31618
141600 14594 21069 24751 27343 29642 31720
142200 14639 21136 24831 27430 29737 31822
142800 14683 21200 24907 27515 29828 31920
143400 14729 21267 24986 27602 29923 32021
144000 14774 21333 25066 27690 30018 32123
144600 14820 21400 25145 27777 30113 32225
145200 14865 21467 25225 27865 30208 32327
145800 14909 21531 25301 27949 30300 32424
146400 14963 21596 25377 28041 30396 32526
147000 15006 21659 25452 28124 30486 32622
147600 15049 21722 25527 28207 30576 32718
148200 15090 21782 25599 28286 30662 32810
148800 15133 21845 25674 28369 30752 32907
149400 15176 21908 25749 28452 30842 33003
150000 15218 21971 25823 28534 30931 33099
[§ 3119.02.2] § 3119.022. Computation worksheet for sole residential parent or shared parenting order.
When a court or child support enforcement agency calculates the amount of child support to be paid pursuant to a child support order in a proceeding in which one parent is the residential parent and legal custodian of all of the children who are the subject of the child support order or in which the court issues a shared parenting order, the court or agency shall use a worksheet identical in content and form to the following:
CHILD SUPPORT COMPUTATION WORKSHEET SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER
Name of parties _____________________________________________ Case No. ____________________________________________________ Number of minor children ____________________________________
The following parent was designated as residential parent and legal custodian:
______________ mother ______________ father __________ shared
Column I Column II Column III Father Mother Combined
INCOME
1.a. Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (exclude overtime, bonuses, self-employment income, or commissions) ______________ $__________ $__________
b. Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)
Father Mother
Yr. 3 $______________ Yr. 3 $______________ (Three years ago) (Three years ago)
Yr. 2 $______________ Yr. 2 $______________ (Two years ago) (Two years ago)
Yr. 1 $______________ Yr. 1 $______________ (Last calendar year) (Last calendar year)
Average $_____________ $____________________
(Include in Col. I and/or Col. II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the 3 years or the year 1 amount, include only the amount reasonably expected to be earned this year.) ______________ $__________ $__________
2. For self-employment income:
a. Gross receipts from business
b. Ordinary and necessary business expenses. $_________ $__________
c. 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate _________________________ $__________ $__________
d. Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a) ___________________________ $__________ $__________
3. Annual income from interest and dividends (whether or not taxable) _________________________________ $__________ $____________
4. Annual income from unemployment compensation ________ $__________ $__________
5. Annual income from workers' compensation, disability insurance benefits, or social security disability/retirement benefits _______ $__________ $__________
6. Other annual income (identify) _______ $__________ $_____________
7. Total annual gross income (add lines 1a, 1b, 2d, and 3-6) __________________________________ $__________ $___________
ADJUSTMENTS TO INCOME
8. Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption) _________________________________ $__________ $__________
9. Annual court-ordered support paid for other children $____________________ $_____________________________
10. Annual court-ordered spousal support paid to any spouse or former spouse ___________________ $__________ $______________
11. Amount of local income taxes actually paid or estimated to be paid ________________________ $__________ $_______________
12. Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement) ____________________. $__________ $______________
13. Total gross income adjustments (add lines 8 through 12) _________ $__________ $___________
14. Adjusted annual gross income (subtract line 13 from line 7) __________________________. $ __________ $ __________
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II) ___________ $________
16. Percentage of parent's income to total income
a. Father (divide line 14, Col. I, by line 15, Col. III) _________%
b. Mother (divide line 14, Col. II, by line 15, Col. III) ________%
17. Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children in this family. If the income of the parents is more than one sum but less than another, you may calculate the difference.) __________ $____________
18. Annual support obligation per parent
a. Father (multiply line 17, Col. III, by line 16a) ____ $_________
b. Mother (multiply line 17, Col. III, by line 16b) ____ $_________
19. Annual child care expenses for children who are the subject of this order that are work, employment training, or education related, as approved by the court or agency (deduct tax credit from annual cost, whether or not claimed) ________________ $________ $_________
20. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order _____________________ $__________ $_______________
21. ADJUSTMENTS TO CHILD SUPPORT
Father (only if obligor or shared parenting) Mother (only if obligor or shared parenting)
a. Additions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II $__________ b. Additions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I $__________
c. Subtractions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I $__________ d. Subtractions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II $__________
22. OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT:
a. Father: line 18a plus or minus the difference between line 21a minus line 21c ________________________________________ $__________
b. Mother: line 18b plus or minus the difference between line 21b minus line 21d ____________________________________ $__________
23. ACTUAL ANNUAL OBLIGATION:
a. (Line 22a or 22b, whichever line corresponds to the parent who is the obligor) ______________________________________ $__________
b. Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the parent ________ $__________
c. Actual annual obligation (subtract line 23b from line 23a) $__________
24.a. Deviation from sole residential parent support amount shown on line 23c if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.)
______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________
b. Deviation from shared parenting order: (see sections 3119.23 and 3119.24 of the Revised Code.) (Specific facts including amount of time children spend with each parent, ability of each parent to maintain adequate housing for children, and each parent's expenses for children must be stated to justify deviation.) ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________
25. FINAL FIGURE (this amount reflects final annual child support obligation; line 23c plus or minus any amounts indicated in line 24a or 24b) $_____________ $__________ Father/Mother,
OBLIGOR
26. FOR DECREE: Child support per month (divide obligor's annual share, line 25, by 12) plus any processing charge ______________ $__________
Prepared by:
Counsel: ______________ Pro se: ______________
(For mother/father)
CSEA: ______________ Other: __________________
Worksheet Has Been Reviewed and Agreed To: ____________________________ Mother Date ____________________________ Father Date
[§ 3119.02.3] § 3119.023. Computation worksheet for split parental rights and responsibilities.
When a court or child support enforcement agency calculates the amount of child support to be paid pursuant to a court child support order in a proceeding in which the parents have split parental rights and responsibilities with respect to the children who are the subject of the child support order, the court or child support enforcement agency shall use a worksheet that is identical in content and form to the following:
CHILD SUPPORT COMPUTATION WORKSHEET
SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES
Name of parties __________________________________________ Case No __________________________________________________ Number of minor children _________________________________ Number of minor children with mother ______________ father ________
Column I Column II Column III Father Mother Combined
INCOME
1.a. Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (Exclude overtime, bonuses, self-employment income, or commissions) ______________ $__________ $ ___________________
b. Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)
Father Mother
Yr. 3 $______________ Yr. 3 $______________ (Three years ago) (Three years ago) Yr. 2 $______________ Yr. 2 $______________ (Two years ago) (Two years ago)
Yr. 1 $______________ Yr. 1 $______________ (Last calendar year) (Last calendar year)
Average $______________ $______________
(Include in Col. I and/or Col. II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the 3 years or the year 1 amount, include only the amount reasonably expected to be earned this year.) $__________ $__________
2. For self-employment income:
a. Gross receipts from business ________ $__________ $_______
b. Ordinary and necessary business expenses $_______ $ ______
c. 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate $__________ $__________
d. Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a) _____________ $_________ $_________ 3. Annual income from interest and dividends (whether or not taxable) ______________________________ $ ________ $ ______
4. Annual income from unemployment compensation ________ $_________ $__________
5. Annual income from workers' compensation, disability insurance benefits, or social security disability/retirement benefits _____________________________ $__________ $_________
6. Other annual income (identify) _______ $_______ $_________
7. Total annual gross income (add lines 1a, 1b, 2d, and 3-6) _______________________________________ $__________ $________
ADJUSTMENTS TO INCOME
8. Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption) ________ $__________ $__________
9. Annual court-ordered support paid for other children _____ $_________ $__________
10. Annual court-ordered spousal support paid to any spouse or former spouse ________________________ $__________ $_________
11. Amount of local income taxes actually paid or estimated to be paid ______________________________ $__________ $_________
12. Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement) _________________________ $__________ $__________
13. Total gross income adjustments (add lines 8 through 12) ______________ $_______ $__________
14. Adjusted annual gross income (subtract line 13 from line 7) ____________________________ $__________ $___________
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II) __________________________ $_________
16. Percentage of parent's income to total income
a. Father (divide line 14, Col. I, by line 15, Col. III) ___________%
b. Mother (divide line 14, Col. II, by line 15, Col. III) __________%
17. Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children with this parent. If the income of the parents is more than one sum but less than another, you may calculate the difference)
For children For children for whom the for whom the mother is the father is the residential residential parent and parent and legal legal custodian custodian $______________ $_____________
18. Annual support obligation per parent
a. Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a) __________________________________ $__________
b. Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b) ____________________________________________ $__________
19. Annual child care expenses for children who are the subject of this order that are work-, employment training, or education-related, as approved by the court or agency (deduct tax credit from annual cost whether or not claimed) ____________________ Paid by Paid by
father mother $__________ $__________
20. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order __ Paid by Paid by
father mother $__________ $__________
21. ADJUSTMENTS TO CHILD SUPPORT
Father (only if obligor or shared parenting) Mother (only if obligor or shared parenting)
a. Additions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II $__________
b. Additions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I
$__________
c. Subtractions: line 16b times sum of amounts shown on line 19, Col. I and line 20, Col. I $__________
d. Subtractions: line 16a times sum of amounts shown on line 19, Col. II and line 20, Col. II $__________
22. ACTUAL ANNUAL OBLIGATION:
a. Father: line 18a plus line 21a minus line 21c (if the amount on line 21c is greater than or equal to the amount on line 21a - enter the number on line 18a in Col. I) ________ $__________
b. Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the mother is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the father ___________________________ $__________
c. Actual annual obligation of father (subtract line 22b from line 22a) ______________________________ $__________
d. Mother: line 18b plus line 21b minus line 21d (if the amount on line 21d is greater than or equal to the amount on line 21b - enter the number on line 18b in Col. II) ________________________________________ $__________
e. Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the father is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the mother __________ $__________________________
f. Actual annual obligation of mother (subtract line 22e from line 22d) ________________________________________ $________
g. Actual annual obligation payable (subtract lesser actual annual obligation from greater actual annual obligation using amounts in lines 22c and 22f to determine net child support payable) ____________ $______________ $_______________
23. Deviation from split residential parent guideline amount shown on line 22c or 22f if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.) ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________
24. FINAL FIGURE (this amount reflects final annual child support obligation; line 22g plus or minus any amounts indicated in line 23.) _________________________________________ $__________ Father/Mother,
OBLIGOR
Prepared by:
Counsel: ______________ Pro se: ______________
(For mother/father)
CSEA: ______________ Other: __________________
Worksheet Has Been Reviewed and Agreed To:
_____________________ ___________ Mother Date _____________________ ___________ Father Date
[§ 3119.02.4] § 3119.024. Reviews of schedule and worksheets; guideline advisory council for each review.
At least once every four years, the department of job and family services shall review the basic child support schedule set forth in section 3119.021 [3119.02.1] of the Revised Code to determine whether child support orders issued in accordance with the schedule and worksheets adequately provide for the needs of the children who are subject to the child support orders, prepare a report of its review, and submit a copy of the report to both houses of the general assembly.
For each review, the department shall establish a child support guideline advisory council to assist the department in the completion of its reviews and reports. Each council shall be composed of obligors; obligees; judges of courts of common pleas who have jurisdiction over domestic relations cases; attorneys whose practice includes a significant number of domestic relations cases; representatives of child support enforcement agencies; other persons interested in the welfare of children; three members of the senate appointed by the president of the senate, no more than two of whom are members of the same party; and three members of the house of representatives appointed by the speaker of the house, no more than two of whom are members of the same party.
The department shall consider input from the council prior to the completion of any report under this section.
The advisory council shall cease to exist at the time that it submits its report to the general assembly.
Any expenses incurred by an advisory council shall be paid by the department.
On or before the first day of March of every fourth year after 1993, the department shall submit a report under this division to both houses of the general assembly.
§ 3119.03. Rebuttable presumption that amount resulting from schedule and worksheet is correct.
In any action or proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order or at any time a child support enforcement agency determines the amount of child support that will be paid pursuant to an administrative child support order, the amount of child support that would be payable under a child support order, as calculated pursuant to the basic child support schedule and applicable worksheet through the line establishing the actual annual obligation, is rebuttably presumed to be the correct amount of child support due.
§ 3119.04. Determination of support obligation where combined gross income is less than $6,600 or greater than $150,000.
(A) If the combined gross income of both parents is less than six thousand six hundred dollars per year, the court or child support enforcement agency shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline. The court or agency shall review the obligor's gross income and living expenses to determine the maximum amount of child support that it reasonably can order without denying the obligor the means for self-support at a minimum subsistence level and shall order a specific amount of child support, unless the obligor proves to the court or agency that the obligor is totally unable to pay child support, and the court or agency determines that it would be unjust or inappropriate to order the payment of child support and enters its determination and supporting findings of fact in the journal.
(B) If the combined gross income of both parents is greater than one hundred fifty thousand dollars per year, the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, 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 children who are the subject of the child support order and of the parents. The court or agency 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 gross income of one hundred fifty thousand dollars, unless the court or agency determines that it would be unjust or inappropriate and would not be in the best interest of the child, obligor, or obligee to order that amount. If the court or agency makes such a determination, it shall enter in the journal the figure, determination, and findings.
§ 3119.05. Verification of income and earnings; factors affecting income; separate order for st certain expenses; calculation of support for prior period.
When a court computes the amount of child support required to be paid under a court child support order or a child support enforcement agency computes the amount of child support to be paid pursuant to an administrative child support order, all of the following apply:
(A) The parents' current and past income and personal earnings shall be verified by electronic means or with suitable documents, including, but not limited to, paystubs, employer statements, receipts and expense vouchers related to self-generated income, tax returns, and all supporting documentation and schedules for the tax returns.
(B) The amount of any pre-existing child support obligation of a parent under a child support order and the amount of any court-ordered spousal support actually paid shall be deducted from the gross income of that parent to the extent that payment under the child support order or that payment of the court-ordered spousal support is verified by supporting documentation.
(C) If other minor children who were born to the parent and a person other than the other parent who is involved in the immediate child support determination live with the parent, the court or agency shall deduct an amount from that parent's gross income that equals the number of such minor children times the federal income tax exemption for such children less child support received for them for the year, not exceeding the federal income tax exemption.
(D) When the court or agency calculates the gross income of a parent, it shall include the lesser of the following as income from overtime and bonuses:
(1) The yearly average of all overtime, commissions, and bonuses received during the three years immediately prior to the time when the person's child support obligation is being computed;
(2) The total overtime, commissions, and bonuses received during the year immediately prior to the time when the person's child support obligation is being computed.
(E) When the court or agency calculates the gross income of a parent, it shall not include any income earned by the spouse of that parent.
(F) The court shall not order an amount of child support for reasonable and ordinary uninsured medical or dental expenses in addition to the amount of the child support obligation determined in accordance with the schedule. The court shall issue a separate order for extraordinary medical or dental expenses, including, but not limited to, orthodontia, psychological, appropriate private education, and other expenses, and may consider the expenses in adjusting a child support order.
(G) When a court or agency calculates the amount of child suppor