When a couple with children gets a divorce, the custodial parent typically receives child support from the non-custodial parent. Monthly support payments provide children with the necessities they need to grow up healthy, strong, and emotionally stable. Whether you are in the midst of divorce proceedings with the help of a child custody lawyer or are about to start the process, learn more about this type of monetary support here.

What Should You Know About Child Support?

1. Laws Differ by State

Child support laws are specific to the state. For example, Ohio laws state that non-custodial parents who enjoy 90 overnights or more a year with their children can get their payments reduced by the courts. The 10% reduction may increase if the obligor spends 147 overnights or more with their kids; however, all adjustments are dismissed if the custodial parent can prove the obligor was not with the children 90 or more nights out of the year.

2. Joint Custody Agreements Require Support Payments

The parent with the higher income must pay child support even if the former couple reaches a joint custody agreement. While the obligee must provide for the children based on their income regardless of the agreement, they are still entitled to child support payments for at least 10 years or until the kids turn 18.

3. Failure to Pay Can Result in Jail Time

As a legal obligation in any state, failing to pay child support will result in severe penalties. In Ohio, the Child Support Enforcement Agency (CSEA) may withhold income from the obligor, garnish state and federal tax refunds, call for the individual’s arrest, place liens on personal property, file a contempt of court charge, and deny passport renewal, among other penalties.

4. Not All Expenses Factor Into Support Calculations

The obligor cannot write off expenses such as mortgage payments during child support calculations. Ohio courts look at both parents’ gross income as well as factors such as child support payments from previous relationships, monthly daycare costs, monthly group health insurance costs, and alimony payments from prior marriages.

The standard of living that the children are used to will also influence the final monthly total. Any payment adjustments in light of job losses or other financial hardships must be approved by the court. 

If you need a child custody lawyer to help navigate your family law case, contact O’Connor, Mikita & Davidson in Cincinnati, OH. The full-service law firm offers over 20 years of experience in family law, among other practice areas. Call the child custody lawyers today at (513) 793-5297 to schedule a free consultation or find a firm location near you online. Get additional legal help from the child custody lawyers on Twitter.