If the combined annual income of both parents is greater than the maximum annual income listed on the basic child support schedule established pursuant to section 3119.021 of the Revised Code, the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, shall determine the amount of the obligor‘s child support obligation on a case-by-case basis and shall consider the needs and the standard of living of the children who are the subject of the child support order and of the parents. The court or agency shall compute a basic combined child support obligation that is no less than the obligation that would have been computed under the basic child support schedule and applicable worksheet for a combined annual income equal to the maximum annual income listed on the basic child support schedule established pursuant to section 3119.021 of the Revised Code, unless the court or agency determines that it would be unjust or inappropriate and therefore not in the best interest of the child, obligor, or obligee to order that amount. If the court or agency makes such a determination, it shall enter in the journal the figure, determination, and findings. If the combined annual income of both parents falls below the $8,400 floor of the basic child support schedule in accordance with section 3119.021 of the Revised Code, the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, shall apply the minimum support amount in accordance with section 3119.06 of the Revised Code.

Terms Used In Ohio Code 3119.04

  • Administrative child support order: means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109. See Ohio Code 3119.01
  • Child: includes child by adoption. See Ohio Code 1.59
  • child support enforcement agency: means a child support enforcement agency designated under former section 2301. See Ohio Code 3119.01
  • Child support order: means either a court child support order or an administrative child support order. See Ohio Code 3119.01
  • Court child support order: means any order issued by a court for the support of a child pursuant to Chapter 3115 of the Revised Code, section 2151. See Ohio Code 3119.01
  • Income: means either of the following:

    (a) For a parent who is employed to full capacity, the gross income of the parent;

    (b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent and any potential income of the parent. See Ohio Code 3119.01

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means the person who is entitled to receive the support payments under a support order. See Ohio Code 3119.01
  • Obligor: means the person who is required to pay support under a support order. See Ohio Code 3119.01
  • Schedule: means the basic child support schedule created pursuant to section 3119. See Ohio Code 3119.01
  • Support order: means either an administrative child support order or a court support order. See Ohio Code 3119.01
  • Worksheet: means the applicable worksheet created in rules adopted under section 3119. See Ohio Code 3119.01

  Previous section
Next section  
 Chapter 3119 Contents