Child Support in Ohio is established by statute and is based upon a standard formula. Only in rare cases does the Court deviate from the amount that the formula prescribes for the divorcing couples’ situation (if the divorcing couple makes a lot of money or very little money combined, the Court has the power to ignore the prescribed formula and establish an amount itself). This formula is useful and may be fair at the time of the divorce decree, but many clients want to know what happens if circumstances change such that the amount of child support is too much or too little a few years down the road. For example, maybe the father has lost his job and can no longer pay the amount originally set-down in the divorce decree. Or, say the wife wins the lottery and now has a better financial position than she did when the couple divorced. Well, a child support obligor can ask for an Administrative review of the child support amount (through the Child Support Enforcement Agency) and ask that it be reduced based upon a change of circumstances. Or, the obligor can file a motion with the Court (as a post-decree motion) and ask that the Court modify the amount based upon the change in circumstances. If the Child Support Agency (CSEA) declines the obligor’s request for a modification downward, he can appeal that ruling to the Court afterward. So, in short, if you are a current child support obligor and you feel that based upon a change in circumstances, the amount you are paying is no longer appropriate, there are avenues to pursue where you might have it reduced.  Speak with an attorney or contact our firm for a free consultation to determine whether you can have your child support reduced (or increased) and how best to go about it.

We have previously posted on the topic of filing a motion to change custody of minor children from one parent to the other (a motion to “reallocate parental rights and responsibilities”).  As was discussed in that post, the petitioning parent that wants to become the custodial parent has the burden to prove that there has been some substantive change in circumstances of the current custodial parent or the minor child (not the petitioning parent’s circumstances).  This can be a rather high burden for the petitioning parent to meet, and if the child appears to be doing alright in the current situation, the chances of success are not that great, even if the petitioning parent’s home would be a better destination for the children. Courts are loath to shift the children around after custody has been established, and therefore, a change in circumstances is needed.  Once the parent shows that there is such a change, he or she must demonstrate that a change in custodial status would be in the children’s best interest.  If the parent cannot first adequately show a change in circumstances, there is no need to even evaluate the children’s best interest.

However, what if the petitioning parent does not want to obtain legal custody, but rather wants to merely increase visitation with the children?  Although the motion would still be considered a motion to reallocate parental rights and responsibilities, the standard for modification of the prior Court Order is not as high.  The petitioning parent need not show that there is any change in circumstances in order to prevail on a motion to increase parenting time (“Visitation”).  Rather, all the petitioning parent must do is demonstrate that increasing visitation is in the child’s best interest.  Essentially, a petitioning parent skips straight to the best interest issue, and never has to show that something has changed with the custodial parent or child.  Motions to increase parenting time are common and are often granted, considering that increasing visitation would not fundamentally disrupt the children’s life and more contact with a parent is in most cases beneficial to the child.

Brought to you by the Ohio law offices of Morrison & Nicholson.  Call today Family Attorney Charles “Bill”  Morrison for a free consultation (937)-432–9775.

It can be very confusing as to which court is the proper court to file a motion for alteration of parental rights and responsibilities. Do I file in the Domestic Relations Court? Or, do I file in the Juvenile Court? How are they different? It seems that they both handle child custody issues in Ohio, so which is the right one? Well, the answer is a simple one. If the parents were married and divorced, then the Domestic relations Court will handle all post-decree motions, including those related to child custody, child support and spousal support. However, if the parents were never married, then any original custody determination was made in the Juvenile Court and that Court would handle all subsequent motions related to child custody. Basically, go back to the Court where the original determination was made. If you cannot remember which Court or find your papers, then simply apply the general rule.

If you have never been married to the other parent, and there has never been a Court Order determining child custody, then you would need to file in the Juvenile Court initially.

In Sum: always file in the court that originally issued any order respecting child custody. If there has never been a Court Order respecting child custody and you are not married to the other parent, then file in the Juvenile Court. If you are married but have lived a part for several years and you want a custody determination, then look to the Domestic Relations Court.