(A) Except when the parents have split parental rights and responsibilities, a parent’s child support obligation for a child for whom the parent is the residential parent and legal custodian shall be presumed to be spent on that child and shall not become part of a child support order, and a parent’s child support obligation for a child for whom the parent is not the residential parent and legal custodian shall become part of a child support order.

Terms Used In Ohio Code 3119.07

  • Child: includes child by adoption. See Ohio Code 1.59
  • Child support order: means either a court child support order or an administrative child support order. 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.
  • Split parental rights and responsibilities: means a situation in which there is more than one child who is the subject of an allocation of parental rights and responsibilities and each parent is the residential parent and legal custodian of at least one of those children. See Ohio Code 3119.01
  • Support order: means either an administrative child support order or a court support order. See Ohio Code 3119.01

(B) If the parents have split parental rights and responsibilities, the child support obligations of the parents shall be offset, and the court shall issue a child support order requiring the parent with the larger child support obligation to pay the net amount pursuant to the child support order.

(C) If neither parent of a child who is the subject of a child support order is the residential parent and legal custodian of the child and the child resides with a third party who is the legal custodian of the child, the court shall issue a child support order requiring each parent to pay that parent’s child support obligation pursuant to the child support order.

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