(A) The child support enforcement agency
(CSEA) will comply with the requirements contained within this rule and rule
5101:12-1-17 of the Administrative Code when calculating or adjusting the child
support and cash medical support obligations contained within a child support
order.
(B) The CSEA will not deviate from the
guidelines.
(1) When a deviation is
desired by either party, the requesting party will petition the appropriate
court.
(2) In accordance with
section 3119.63 of the Revised Code, when a court child support order under
review contains a deviation granted under section 3119.06, 3119.22, 3119.23,
3119.231, or 3119.24 of the Revised Code, the CSEA will do one of the
following:
(a) Apply the deviation from the existing order to the revised
amount of child support, provided that the agency can determine the monetary or
percentage value of the deviation with respect to the court child support
order; or
(b) Not apply the deviation from the existing order to the
revised amount of child support, when the CSEA can not determine the monetary
or percentage value of the deviation.
(3) The CSEA will
indicate on the JFS 07724, "Administrative Adjustment Recommendation"
(effective or revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code) whether the court-ordered deviation has been applied in
accordance with paragraph (B)(2) of this rule.
(C) In accordance with division (C)(18) of section 3119.01 of the
Revised Code, the CSEA may impute potential income to a parent when the CSEA
determines that the parent is voluntarily unemployed or
underemployed.
(1) Imputed income may be
based on what the parent would have earned if fully employed as determined from
the following criteria:
(a) The parent's prior employment experience;
(b) The parent's education;
(c) The parent's physical and mental disabilities, if
any;
(d) The availability of employment in the geographic area in
which the parent resides;
(e) The prevailing wage and salary levels in the geographic area
in which the parent resides;
(f) The parent's special skills and training;
(g) Whether there is evidence that the parent has the ability to
earn the imputed income;
(h) The age and special needs of the child subject to the child
support order (hereafter "child");
(i) The parent's increased earning capacity because of
experience;
(j) The parent's decreased earning capacity because of a
felony conviction; or
(k) Any other relevant factor.
(2) Income may also be
imputed from any non income-producing assets of a parent, as determined from
the local passbook savings rate or another appropriate rate as determined by
the CSEA, not to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, when the income is
significant.
(D) In accordance with division (I) of section 3119.05 of the
Revised Code, unless it would be unjust or inappropriate and therefore not in
the best interest of the child, a CSEA will not determine a parent to be
voluntarily unemployed or underemployed and will not impute income to that
parent if any of the following conditions exists:
(1) The parent is
receiving recurring monetary income from means-tested public assistance
benefits, including cash assistance payments under the Ohio works first program
established under Chapter 5107. of the Revised Code, general assistance under
former Chapter 5113. of the Revised Code, supplemental security income, or
means-tested veterans' benefits; or
(2) The parent is
approved for social security disability insurance benefits because of a mental
or physical disability, or the court or CSEA determines that the parent is
unable to work based on medical documentation that includes a physician's
diagnosis and a physician's opinion regarding the parent's mental or
physical disability and inability to work; or
(3) The parent has proven
that the parent has made continuous and diligent efforts without success to
find and accept employment, including temporary employment, part-time
employment, or employment at less than the parent's previous salary or
wage; or
(4) The parent is
complying with court-ordered family reunification efforts in a child abuse,
neglect, or dependency proceeding, to the extent that compliance with those
efforts limits the parent's ability to earn income; or
(5) The parent is institutionalized for a
period of twelve months or more with no other available income or
assets.
(E) In accordance with division (J) of
section 3119.05 of the Revised Code, when a court or agency calculates the
income of a parent, it will not determine a parent to be voluntarily unemployed
or underemployed and will not impute income to that parent if the parent is
incarcerated. "Incarcerated" has the same meaning as in division (Q)
of section 3119.05 of the Revised Code.
(F) In accordance with division (L) of section 3119.05 of the
Revised Code, a CSEA may disregard a parent's additional income from
overtime or additional employment when the agency finds that the additional
income was generated primarily to support a new or additional family member or
members, or under other appropriate circumstances.
(G) In accordance with division (M) of section 3119.05 of the
Revised Code, if both parents involved in the immediate child support
determination have a prior order for support relative to a minor child or
children born to both parents, the CSEA will collect information about the
existing order or orders and consider those together with the current
calculation for support to ensure that the total of all orders for all children
of the parties does not exceed the amount that would have been ordered if all
children were addressed in a single proceeding.
To determine the amount of the child support
obligation, including cash medical, the CSEA will calculate the guidelines
using the total number of common children between the parties to determine what
the ordered child support amount would have been if all children were being
addressed in a single order. Subtract from that amount the total of any
existing current child support obligations for common children between the
parties.
(1) When the calculation
results in a balance of zero or greater, the balance becomes the obligation
amount for the new child support obligation, or;
(2) When the calculation
results in a balance that is less then zero, the resulting child support
obligation will be zero.
(H) In accordance with section 3119.051 of the Revised Code, the
support obligation will be reduced by ten per cent of the amount of the
individual support obligation for the parent(s) when a court has issued or is
issuing a court-ordered parenting time order that equals or exceeds ninety
overnights per year. This reduction may be in addition to the other deviations
and reductions.
(I) In accordance with section 3119.04 of the Revised Code, in
determining the amount of child support to be paid under any child support
order issued or adjusted by the CSEA:
(1) When the combined
annual income of both parents falls below eight thousand four hundred dollars,
the CSEA will apply the minimum support amount in accordance with section
3119.06 of the Revised Code. The CSEA, in its discretion and in appropriate
circumstances, may issue a minimum support order of less than eighty dollars a
month or issue an order not requiring the obligor to pay any child support
amount. The circumstances under which a CSEA may issue an order include the
nonresidential parent's medically verified or documented physical or
mental disability or institutionalization in a facility for persons with a
mental illness or any other circumstances considered appropriate by the
CSEA.
(2) The CSEA will enter
the figure, determination, and supporting findings on the JFS 07719,
"Administrative Order for Child Support and Medical Support"
(effective or revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code) or JFS 07724.
(3) When the combined annual income of
both parents is greater than the maximum amount listed on the JFS 07767,
"Basic Child Support Schedule" (effective or revised effective date
as identified in rule 5101:12-1-99 of the Administrative Code), the CSEA will
determine the amount of the obligor's child support obligation on a
case-by-case basis and will consider the needs and the standard of living of
the child and of the parents.
The CSEA will 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 annual income equal to the maximum annual incomes listed on the JFS
07767, unless the CSEA determines that it would be unjust or inappropriate and
therefore not in the best interest of the child, obligor, or obligee to order
that amount. When the CSEA makes such a determination, the CSEA will enter the
figure, determination, and supporting findings of fact in an addendum to the
JFS 07719 or JFS 07724.
(J) In determining the amount of cash medical support to be paid
under any child support order issued or adjusted by the CSEA, the CSEA will
calculate the cash medical support obligation in accordance with this rule and
with rule 5101:12-1-17 of the Administrative Code. The cash medical support
amount will be ordered based on the number of children subject to the order and
split between the parties using the parents' income share.
(K) When calculating the appropriate amount of child support and
cash medical support to be paid under a child support order, the CSEA will
determine the appropriate parent(s) to provide health care coverage for the
children.
