Child Support & Parenting Time
“Visitation” is no longer an acceptable term since it applies that one is “visiting” with a child. The Courts prefer to use the term “parenting” at this time. Parenting time can be restricted or supervised in some extreme cases. Generally, each court will have a local rule setting forth parenting time which is a “minimum” or “standard” parenting time. Parenting time can be agreed to by the parents or ordered by the court
Courts are guided by statutes and court decisions. The factors a court will considered when making decisions about parenting time and parenting obligations will include:
- The wishes of the child’s parenting regarding his care
- If the court has interviewed the child in chambers and pursuant to (the Ohio Revised Code’s applicable section) regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of this child, as expressed in court.
- The child’s interaction and interrelationship with his parents, siblings, and any other person who may significantly affect the child’s best interests
- The child’s adjustment to the child’s home, school, and community
- The mental and physical health of all persons involved in the situation
- The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights
- Whether either parent has failed to make all child support payments pursuant to a child support order under which that parent is an obligor
- Whether either parent previously has been convicted of or pleaded to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or neglected child
- Whether the residential parent or one of the parents is subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court.
- Whether either parent has established a residence, or is planning to establish a residence, outside this state
If you have any questions or would like to speak to an attorney regarding Divorce and Dissolution, please feel free to call our office to speak with Philip Logan at (513) 793-4400.
Shared parenting is an arrangement which is much like the arrangement the parties may have had before the marital termination began. Shared parenting plans vary widely in their assignments of time and responsibilities each parent may have with the child(ren). Shared parenting plans should provide that each parent will encourage the child(ren) to love and respect the other parent and shared parenting plans may provide that the parents shall share in the decision-making process in regard to the child(ren).
One thing that should be stated is that when parties have a shared parenting situation this does NOT mean that no child support will be payable. Even when the parents spend equal amounts of time with the children this does not mean that there will be no support.
In Shared Parenting both parents should be designated as the “residential” parents of the child(ren) and as the “legal custodian” of the child. Because of schools being concerned with the “residence address” of the children attending schools, a shared parenting plan will designate one or both of the parents as the parent(s) whose residence will be used for “school placement purposes.”
Essentially, Child Support is calculated using statutory guidelines set forth by law. The basic information going into calculations using the guidelines includes information about each party’s earnings, each party’s local taxes, and whether any other child support to or spousal support (alimony) is being paid. The calculations also consider work related or education related child care as well as the costs of provision of health insurance for the child(ren).