The domestic relations court in Ohio deals with divorce, child support, spousal support, which is also called alimony, and other domestic-related legal issues. Because matters relating to child support, spousal support and visitation may change as circumstances change, Ohio law allows for the domestic relations court to have continuing jurisdiction to modify previous orders.
Considerations for Alimony Payments
An Ohio court determines the amount of spousal support payments based on both parties' incomes from all sources, elative earning abilities, ages as well as their mental, physical and emotional conditions. The length of the marriage is also considered, along with whether it is reasonable for one party to work outside the home based on caring for a minor child from the marriage. Other considerations include the relative education of both parties and the standard of living established during the marriage. An Ohio court may also consider any other factor that may be relevant.
Types of Alimony Payments
Based on Ohio law, spousal support is awarded after the division or disbursement of property. Alimony, or spousal support, may be awarded to either spouse in the form of real or personal property, a sum of money payable in a lump sum or installments from future income or any combination that the court considers equitable.
Paternity
Paternity relating to child support in Ohio may be established by voluntary acknowledgement or genetic testing conducted by the child support enforcement agency. If the either parent refuses genetic testing or does not present the child for genetic testing, the court may determine the issue of paternity.
Child Support Orders
In Ohio, local child support enforcement agencies may issue orders for child support. You may also take your case to court and have a judge determine support.
Once a child support order has been issued, Ohio law provides for mandatory withholding of funds of the non-residential parent. Withheld funds may be from wages, disability, pensions, insurance proceeds, lump-sum payments, annuities, workers and/or unemployment compensation, retirement benefits, assets in a financial institution or any other payment in money.
If a non-residential parent's child support payments are past due, Ohio law provides for a tax offset collection method in which state or federal tax refunds may be used to satisfy the child support.
If a person does not comply with a child support order, Ohio law allows for the court to issue a contempt order which may carry penalties, fines or jail time, at the court's discretion. Depending on the circumstances, criminal statutes may be used to enforce the child support order. Criminal penalties, fines and jail/prison time are possible, which may lead to prosecution under federal law for criminal non-support.
Child Health Insurance
Ohio law provides that child support include health insurance when coverage is reasonable and available. If a parent can obtain health insurance coverage for their child through an employer or through another group health insurance plan, the coverage is considered available and reasonable.
