Statutes and Case Law
Statutes
H.B. 208
Direct Payment of Spousal Support
Effective January 25, 2002
This bill gives courts authority to permit an obligor to pay spousal support directly to the obligee instead of payment through the Office of Child Support in the Department of Job and Family Services. The authority only applies in cases where there are no minor children born as a result of the marriage and in cases in which the obligee has not already assigned the support amounts to the Department of Job and Family Services. Payments must be made in a form that establishes a clear record of payment. A court may rescind this option if the obligor is in default of any payments.
H.B. 519
Division of Public Pensions
Effective January1,2002
This bill modifies Ohio domestic relations and public retirement law to provide an additional method for parties involved in divorce, dissolution, annulment, or legal separation to divide their marital property when one of the parties is a Public Employee Retirement System (PERS) member. The new Ohio law permits a court to issue a "Division of Property Order," (DPO) as specified by Sections 3105.80 through 3105.90 of the Ohio Revised Code, that allows PERS to make direct payments to a former spouse ("alternate payee") from either a monthly benefit or lump sum payment being paid to a PERS recipient ("participant").
S.B. 180
Child Support Reorganization Act
Effective March 22, 2001
This comprehensive bill re-codified major sections of the Ohio Revised Code into new Chapter 3119. Child Support Worksheets were modified so as to: include spousal support received from the present or prior spouse to be included in gross income; also includes spousal support payments as an adjustment to the paying spouse's income; delineates the gross income of self-employed individuals; clarifies health insurance payment allocations; and specifically provides credits for Social Security benefits received derivatively by a child as a result of the paying parent's disability. The bill further requires that whenever child support is being established or reviewed, the Court must allocate the dependency exemption. Numerous other changes were made to the Administrative Process utilized by Child Support Enforcement Agencies and to the establishment of paternity.
Case Law
Supreme Court of Ohio
Hubin v. Hubin
(2001), 92 Ohio St.3d 240
The Ohio Supreme reaffirmed its prior decision in Pauly v. Pauly (1997), 80 Ohio St.3d 386 that held that the Ohio statute governing child support calculations under a shared parenting plan does not provide for an automatic credit in a parent's child support obligation for the time that a child resides with his or her parent. However, a trial court may deviate from the amount of child support calculated under the statute if a court finds that the amount of child support would be unjust or inappropriate to the child or either parent and would not be in best interest of child.
ARBITRATION NOT APPLICABLE TO CUSTODY AND VISITATION
Kelm v. Kelm
(2001), 92 Ohio St.3d 223
In a domestic relations case, issues concerning child custody and parental visitation are not subject to arbitration.
Braatz v. Braatz
(1999), 85 Ohio St.3d 40
CHANGE IN CIRCUMSTANCES NOT REQUIRED TO MODIFY VISITATION
A party requesting a change in visitation rights does not need to make a showing that there has been a change in circumstances in order for the court to modify those rights. Pursuant to R.C. 3109.051(D), the trial court shall consider the fifteen (15) factors enumerated therein, and in its sound discretion, shall determine visitation that is in the best interest of the child.
Seventh District Court of Appeals
Goodman v. Goodman
(2001) 144 Ohio App.3d 367
TEMPORARY SUPPORT ARREARAGES MAY BE REDUCED TO JUDGMENT
If an arrearage exists from a temporary child support order, upon request a court must reduce the arrearage to judgment or refer to the arrearage within the final divorce decree; otherwise, the right to the arrearage is lost, as temporary orders merge within the final order. Upon reducing a child support arrearage to a lump-sum judgment, a court may satisfy the judgement out of the contemporaneous property division.
Rohrbaugh v. Rohrbaugh
(2000), 136 Ohio App.3d 599
GEOGRAPHIC RELOCATION AND CHANGE OF CUSTODY
In a case of shared parenting where one parent has primary custody, that parent's proposed geographic relocation from Youngstown to Columbus constitutes a change of circumstances sufficient to justify a modification of the original shared parenting order.