Ohio Code 3119.23 – Factors to be considered in granting a deviation
The court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:
Terms Used In Ohio Code 3119.23
- 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.
- 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
- 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
- Obligee: means the person who is entitled to receive the support payments under a support order. See Ohio Code 3119.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- 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
(A) Special and unusual needs of the child or children, including needs arising from the physical or psychological condition of the child or children;
(B) Other court-ordered payments;
(C) Extended parenting time or extraordinary costs associated with parenting time, including extraordinary travel expenses when exchanging the child or children for parenting time;
(D) The financial resources and the earning ability of the child or children;
(E) The relative financial resources, including the disparity in income between parties or households, other assets, and the needs of each parent;
(F) The obligee‘s income, if the obligee’s annual income is equal to or less than one hundred per cent of the federal poverty level;
(G) Benefits that either parent receives from remarriage or sharing living expenses with another person;
(H) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
(I) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
(J) Extraordinary work-related expenses incurred by either parent;
(K) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;
(L) The educational opportunities that would have been available to the child had the circumstances requiring a child support order not arisen;
(M) The responsibility of each parent for the support of others, including support of a child or children with disabilities who are not subject to the support order;
(N) Post-secondary educational expenses paid for by a parent for the parent’s own child or children, regardless of whether the child or children are emancipated;
(O) Costs incurred or reasonably anticipated to be incurred by the parents in compliance with court-ordered reunification efforts in child abuse, neglect, or dependency cases;
(P) Extraordinary child care costs required for the child or children that exceed the maximum state-wide average cost estimate as described in division (P)(1)(d) of section 3119.05 of the Revised Code, including extraordinary costs associated with caring for a child or children with specialized physical, psychological, or educational needs;
(Q) Any other relevant factor.
If the court grants a deviation based on division (Q) of this section, it shall specifically state in the order the facts that are the basis for the deviation.