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What does Child Support Cover
Disagreements over what constitutes reasonable financial support for minor children often become heated and the resulting conflict often overshadows what should be a straightforward discussion about children’s basic living expenses.
In Ohio, both parents have a duty to financially support their minor children until emancipation. In most instances, the nonresidential parent makes regular child support payments to the residential parent through the Child Support Enforcement Agency (“CSEA”). The CSEA is a governmental agency that is tasked with collecting child support from the nonresidential parent and distributing it to the residential parent.
The residential parent also has financial responsibilities to the children, but the residential parent does not pay money to the CSEA. Instead, the law assumes that the residential parent financially supports the children directly by providing food, clothing, shelter, education and other basic living expenses.
Ohio law does not provide a detailed list of what child support payments cover, but it is commonly understood that child support is intended to contribute to the cost of food, clothing and shelter. What about other common and ordinary expenses?
Who pays for a minor child’s cell phone bill?
Who pays for a minor child’s auto insurance?
Who pays for a tutor or out-of-school program?
Who pays for college application fees?
An experienced family law attorney will help guide you through drafting comprehensive parenting provisions that address each child’s unique educational needs, school fees and supplies, extracurricular activities, travel and transportation costs, entertainment and uncovered medical expenses that arise over and above basic living expenses.
Christopher M. Alexander has represented hundreds of clients over 25 years in divorce, dissolution and post decree modification and enforcement actions. When you need a skilled and experienced family law lawyer to assist you in establishing child support, contact Christopher M. Alexander, Esq. at (513) 228 – 1100 or chris@alexander-legal.com.
How is Gross Income Determined
I am often asked whether a person’s income for the purpose of establishing child support is limited to what is reported on their income tax return. As you will see below, the statute makes it clear that all sources of income, whether taxable or not, will be considered by the Court.
Courts are required to establish a child support obligation for each parent. To do so, each parent’s gross income must be determined. For child support purposes, Ohio law defines gross income very broadly:
“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 . . .; 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 . . . spousal support actually received; and all other sources of income . . . . self-generated income; and potential cash flow from any source.”
What's more, it can be tricky to uncover all income earned by a parent due to the manner in which some people are compensated. While establishing income for a parent who earns a fixed salary is straightforward, what about a parent who uses a company car, relies heavily on commissions, is self-employed or operates their own business? Determining income for high wage earners and self-employed people can be difficult based on a number of factors, including the method of record keeping used by the business.
When Does Child Support End
Ohio law imposes a duty on both parents to support their minor children until age 18 and graduation from high school. There are limited instances where child support can terminate before the age of 18 if a child emancipates, enters the armed forces, or becomes employed and self-subsisting.
Although rare, child support obligations can extend beyond the age of 18 where a child has a physical or mental disability or if the parents agree to extend the obligation beyond emancipation.
Contact an Experienced Family Law Attorney
Christopher M. Alexander has represented hundreds of clients over the past 25 years in divorce, dissolution and post decree modification and enforcement actions. When you need a skilled and experienced family law lawyer, contact Christopher M. Alexander, Esq. at (513) 228 – 1100 or chris@alexander-legal.com.