5101:12-45-10 Calculation of the support obligations.

(A) The child support enforcement agency (CSEA) shall use the basic Ohio child support guidelines (hereafter "guidelines") schedule as set forth in sections 3119.01 to 3119.05 of the Revised Code when calculating or adjusting the child support and cash medical support obligations contained within a child support order.

(B) The CSEA shall not deviate from the guidelines. When a deviation is desired by either party, the requesting party must petition the appropriate court.

(C) In accordance with division (C)(11) 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 shall not determine a parent to be voluntarily unemployed or underemployed and shall not impute income to that parent if either 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, financial assistance under the disability financial assistance program established under Chapter 5115. of the Revised Code, supplemental security income, or means-tested veterans' benefits; or

(2) The parent is incarcerated or institutionalized for a period of twelve months or more with no other available assets, unless the parent is incarcerated for an offense relating to the abuse or neglect of a child who is the subject of the support order or an offense under Title XXIX of the Revised Code when the obligee or a child who is the subject of the support order is a victim of the offense.

(E) In accordance with division (K) 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.

(F) In accordance with division (L) 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 shall 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 shall 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 shall be zero.

(G) 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 gross income of both parents is less than six thousand six hundred dollars per year, the CSEA shall determine the amount of the obligor's child support obligation on a case-by-case basis using the basic child support schedule as a reference.

The CSEA shall review the obligor's gross income and living expenses to determine the maximum amount of child support that the CSEA can reasonably order without denying the obligor the means for self-support at a minimum subsistence level and shall recommend or order a specific amount of child support, unless the obligor proves to the CSEA that the obligor is totally unable to pay child support, and the CSEA determines that it would be unjust or inappropriate to order the payment of child support and enters the determination and supporting findings of fact in an addendum to the JFS 07719, "Administrative Order for Child Support and Medical Support" (rev. 8/2008), or the JFS 07724, "Administrative Adjustment Recommendation" (rev. 8/2008).

(2) When the combined gross income of both parents is greater than one hundred fifty thousand dollars per year, the CSEA 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 child and of the parents.

The CSEA 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 CSEA 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. When the CSEA makes such a determination, the CSEA shall enter the figure, determination, and supporting findings of fact in an addendum to the JFS 07719 or JFS 07724.

(H) In determining the amount of cash medical support to be paid under any child support order issued or adjusted by the CSEA, the CSEA shall calculate the cash medical support obligation in accordance with this rule and with rule 5101:12-47-01.2 of the Administrative Code.

(I) When calculating the appropriate amount of child support and cash medical support to be paid under a child support order, the CSEA shall determine:

(1) The appropriate person, whether it is the obligor, the obligee, or both, to be required to provide or report the availability of private health insurance coverage for the child; and

(2) The cost of health insurance coverage which the obligor, the obligee, or both have been ordered to obtain for the child.

Effective: 07/01/2013
R.C. 119.032 review dates: 04/01/2013 and 07/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.01 , 3119.02 , 3119.03 , 3119.04 , 3119.05 , 3125.03
Prior Effective Dates: 12/1/87, 4/20/90 (Emer), 7/19/90, 10/15/01, 9/1/05, 03/01/2009