Child Support Lawyer in Dayton Ohio

There are more than twelve million divorced parents in the United States with children under the age of majority. Typically, one of the parents has custody and relies on child support to provide for the child. Statistics show that when child support is paid as agreed or ordered, the children usually have an acceptable standard of living. In the alternative, when child support is not paid, children are often placed in less than ideal conditions. Unfortunately, a disproportionate number of single parents and their children do not receive child support and live below established poverty levels.

Enforcing a parent’s obligation to pay child support is a high priority at the federal, state, and local levels of government. Numerous laws have been passed to make enforcement and collection of child support easier. It is extremely important to consult with a family law attorney or child support lawyer who can help determine if you are getting enough child support. Dayton Ohio family law attorney Jeremiah Denslow can help to ensure your right to child support is protected and enforced by the courts.

Child support is meant to ensure that children of the divorce continue with the same standard of living they enjoyed before the divorce. This can be achieved through traditional child support payments or more creative means such as splitting expenses and costs.

State guidelines take into account all sources of income received by both parents, including salaries, overtime, bonuses, self-employment income, interest and dividends. The family law court balances the parents’ income against other financial factors such as the cost of day care expenses, the cost of providing health insurance for the child, and previously existing spousal or child support orders.

Jeremiah Denslow is an Ohio family law attorney experienced in negotiating fair child support payments. He counsels clients on whether they are receiving too little or paying too much. When circumstances change, such as the loss of a job, a promotion, an inheritance, extreme medical or education expenses, Dayton family law attorney Jeremiah Denslow is successful at obtaining child support modifications.

Duration of the Child Support Obligation

In Ohio, the child support obligation continues until the child reaches the age of eighteen or is otherwise emancipated before reaching the age of eighteen. For example, if the child is living on his own, or is married, the child support obligation may be terminated. However, the obligation can continue beyond the age of eighteen if the child continuously attends an accredited high school on a full time basis.

In addition, when a child is mentally or physically disabled and unable to support himself, the duty to pay child support may continue beyond the age of eighteen. It is important to consult with an experienced family law attorney who can explain your rights associated with child support. If your child is over eighteen, and you are still paying support, you should immediately contact a family law attorney who can explain and enforce your rights.

Child Support Calculation

Any time the family law court awards child support, it calculates the amount of support in accordance with established child support guidelines. The child support guideline schedules are presumed to be the proper amount of child support to be paid. However, the court is also allowed to deviate from the child support guidelines and order a higher or lower amount of support. If you think your circumstances are different than most people’s, it is important to contact an experienced family law attorney to determine whether your situation would allow a deviance from the child support guidelines.

Income for Child Support Calculation

Courts look at a variety of sources of income to determine the paying parent's income and ability to pay. Income includes, but is not limited to the following items:

• Wages
• Income from investments, stocks, and pensions
• Royalties and dividends
• Workers compensation payments
• Government payments and benefits like disability, social security, and unemployment
• Goods and services that come with a job or are given by family members, friends or new spouses
• Gifts and inheritances
• Income from rental property
• Overtime, seasonal, and part-time jobs

Parents who receive welfare or who are unemployed with no income will typically be ordered to make a minimum monthly payment. However, in circumstances in which a court believes a parent is capable of working, or earning higher wages, the family law court will order a higher amount of child support based upon its determination. If you are uncertain of what money is considered income for child support calculation purposes, seek the assistance of a family law attorney who specializes in child support.

Child Support Modification and Deviation

Either parent may ask the court to recalculate the amount of child support if the parent can show a substantial change in circumstances. A parent who receives child support may be able to increase the amount of support received when the paying parent’s income increases, particularly if the current amount of child support is not enough to meet the child's needs. A court can also increase child support because of a child's specific needs, for things such as tutoring, medical treatment or therapy. If you feel you aren’t receiving enough child support to meet your child’s needs, you should contact Montgomery County family law attorney, Jeremiah Denslow, to assist you in obtaining more financial support. He also handles cases in Greene County, Warren County, Clark County, Butler County, Hamilton County and Franklin County

A paying parent has rights too. The paying parent may be able to decrease the amount of a child support payment if the parent faces unemployment, the loss of a job or a reduction in income. A paying parent may also be able to decrease the child support obligation when the custodial parent's income increases. Sometimes child support obligations are simply calculated incorrectly because the wrong information was provided to the court at the time of the original calculation. Other times, parents find themselves in a financial bind and have a hard time meeting their child support obligation. Should you find yourself in one of these situations, you should immediately contact a family law attorney. An experienced family law lawyer will help you ensure your child support obligation is at a manageable level. Dayton child support lawyer, Jeremiah Denslow, handles family law cases in cities across southern Ohio, including Centerville, Miamisburg, West Carrollton, Fairborn, Xenia, Springfield, Lebanon Beavercreek, Fairborn, Springboro and more.

Child Support, Medical Expenses and Health Insurance

In addition to child support orders, the family law court is also required to order that one or both parents provide for the health care needs of the child, including provisions for health insurance. The expected cost of reasonable medical and dental expenses are already built in to the child support guidelines. However, if there are extraordinary medical and dental expenses, the court will make a separate order regarding who must pay the costs.

Child Support and Withholding Orders

When the court orders child support, it will also typically issue a withholding order. A withholding order can be one of several types, including an order requiring the employer of the parent obligated to pay support to withhold the ordered amount from the parent’s paycheck and to pay that amount directly to the Bureau of Child Support Payment Central. The employer is also required to notify the Bureau of extra income the parent receives, such as bonuses and profit-sharing payments.

If the family law court determines that the parent is receiving workers' compensation payments, the court may require the Bureau of Workers' Compensation to withhold child support from the payments. Similarly, if the parent is receiving retirement benefits, the court may require the entity paying the benefits to withhold a specified amount for support in satisfaction of the support order.

Non Payment and Enforcement of Child Support Obligation

If a parent fails to make child support payments as ordered by the court, the parent may face serious civil and criminal penalties. Typically, a non-paying parent will be found in contempt of court and will most likely be ordered to pay the costs of the contempt hearing, attorney fees, in addition to the past child support. The non-paying parent can also be ordered to serve time in jail. If the parent continually disregards the court’s child support order, the non-paying parent can be charged with a felony and sentenced to prison time, if convicted. If you are on either side of a contempt proceeding, or have been charged with felony non-support of dependants, you should consult with Dayton/Cincinnati/Columbus Ohio divorce attorney, Jeremiah Denslow, who specializes in family law and child support issues.

Conclusion

A family law attorney can assist a parent in obtaining an order for the appropriate amount of child support and assist in making sure the order is enforced. Similarly, the lawyer can assist a parent who pays child support in ensuring the support obligation is manageable. Because the well-being of the child is at stake, child support issues are of the utmost concern to the courts, as well as both of the parents involved. Both parents have rights and need the expertise of a seasoned family law attorney who specializes in child support issues. If you are dealing with a child support issue, you should contact Dayton Ohio family law attorney, Jeremiah Denslow. He has a long history of fighting for his clients’ rights in all areas of family law, including child support. Jeremiah Denslow handles family law, divorce, and child custody cases in Dayton, Huber Heights, Vandalia, Brookville, Springfield, Middletown, Springboro, Centerville, Miamisburg, Xenia, Beavercreek, and other surrounding areas.