Terms Used In Ohio Code > Chapter 3119 - Calculation of Child Support Obligation - Health Insurance Coverage

• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bond: includes an undertaking. See Ohio Code 1.02
• Caretaker: means any of the following, other than a parent:

  (a) A person with whom the child resides for at least thirty consecutive days, and who is the child's primary caregiver;

  (b) A person who is receiving public assistance on behalf of the child;

  (c) A person or agency with legal custody of the child, including a county department of job and family services or a public children services agency;

  (d) A guardian of the person or the estate of a child;

  (e) Any other appropriate court or agency with custody of the child. See Ohio Code 3119.01

• Cash medical support: means an amount ordered to be paid in a child support order toward the ordinary medical expenses incurred during a calendar year. See Ohio Code 3119.01
• Child: includes child by adoption. See Ohio Code 1.59
• Child care cost: means annual out-of-pocket costs for the care and supervision of a child or children subject to the order that is related to work or employment training. See Ohio Code 3119.01
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Court support order: means either a court child support order or an order for the support of a spouse or former spouse issued pursuant to Chapter 3115 of the Revised Code, section 3105. See Ohio Code 3119.01
• Court-ordered parenting time: means the amount of parenting time a parent is to have under a parenting time order or the amount of time the children are to be in the physical custody of a parent under a shared parenting order. See Ohio Code 3119.01
• CPI-U: means the consumer price index for all urban consumers, published by the United States department of labor, bureau of labor statistics. See Ohio Code 3119.01
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Extraordinary medical expenses: means any uninsured medical expenses incurred for a child during a calendar year that exceed the total cash medical support amount owed by the parents during that year. See Ohio Code 3119.01
• Gross income: includes income of members of any branch of the United States armed services or national guard, including, amounts representing base pay, basic allowance for quarters, basic allowance for subsistence, supplemental subsistence allowance, cost of living adjustment, specialty pay, variable housing allowance, and pay for training or other types of required drills; self-generated income; and potential cash flow from any source. See Ohio Code 3119.01
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• 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

• Income share: means the percentage derived from a comparison of each parent's annual income after allowable deductions and credits as indicated on the worksheet to the total annual income of both parents. See Ohio Code 3119.01
• Insurer: means any person authorized under Title XXXIX of the Revised Code to engage in the business of insurance in this state, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members. See Ohio Code 3119.01
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Ordinary medical expenses: includes copayments and deductibles, and uninsured medical-related costs for the children of the order. See Ohio Code 3119.01
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Personal earnings: means compensation paid or payable for personal services, however denominated, and includes wages, salary, commissions, bonuses, draws against commissions, profit sharing, vacation pay, or any other compensation. See Ohio Code 3119.01
• Potential income: means both of the following for a parent who the court pursuant to a court support order, or a child support enforcement agency pursuant to an administrative child support order, determines is voluntarily unemployed or voluntarily underemployed:

  (a) Imputed income that the court or agency determines the parent would have earned if fully employed as determined from the following criteria:

  (i) The parent's prior employment experience;

  (ii) The parent's education;

  (iii) The parent's physical and mental disabilities, if any;

  (iv) The availability of employment in the geographic area in which the parent resides;

  (v) The prevailing wage and salary levels in the geographic area in which the parent resides;

  (vi) The parent's special skills and training;

  (vii) Whether there is evidence that the parent has the ability to earn the imputed income;

  (viii) The age and special needs of the child for whom child support is being calculated under this section;

  (ix) The parent's increased earning capacity because of experience;

  (x) The parent's decreased earning capacity because of a felony conviction;

  (xi) Any other relevant factor. See Ohio Code 3119.01

• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Rule: includes regulation. See Ohio Code 1.59
• Schedule: means the basic child support schedule created pursuant to section 3119. See Ohio Code 3119.01
• Self-generated income: includes expense reimbursements or in-kind payments received by a parent from self-employment, the operation of a business, or rents, including company cars, free housing, reimbursed meals, and other benefits, if the reimbursements are significant and reduce personal living expenses. See Ohio Code 3119.01
• Self-sufficiency reserve: means the minimal amount necessary for an obligor to adequately subsist upon, as determined under section 3119. See Ohio Code 3119.01
• 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
• state: means the state of Ohio. See Ohio Code 1.59
• Support order: means either an administrative child support order or a court support order. See Ohio Code 3119.01
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes all the states. See Ohio Code 1.59
• Venue: The geographical location in which a case is tried.
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
• Worksheet: means the applicable worksheet created in rules adopted under section 3119. See Ohio Code 3119.01