Ohio Code 3119.79 – Recalculating amount of support by court upon request
(A) If an obligor or obligee under a child support order requests that the court modify the amount of child support required to be paid pursuant to the child support order, the court shall recalculate the amount of support that would be required to be paid under the child support order in accordance with the schedule and the applicable worksheet . If that amount as recalculated is more than ten per cent greater than or more than ten per cent less than the amount of child support required to be paid pursuant to the existing child support order, the deviation from the recalculated amount that would be required to be paid under the schedule and the applicable worksheet shall be considered by the court as a change of circumstance substantial enough to require a modification of the child support amount.
Terms Used In Ohio Code 3119.79
- 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
- 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
(B) If the court determines that the medical needs of the child are not being met because of inadequate health insurance coverage, the inadequate coverage shall be considered by the court as a change of circumstance that is substantial enough to require a modification of the child support order.
(C) If the court determines that the amount of child support required to be paid under the child support order should be changed due to a substantial change of circumstances that was not contemplated at the time of the issuance of the original child support order or the last modification of the child support order, the court shall modify the amount of child support required to be paid under the child support order to comply with the schedule and the applicable worksheet , unless the court determines that those amounts calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet would be unjust or inappropriate and therefore not in the best interest of the child and enters in the journal the figure, determination, and findings specified in section 3119.22 of the Revised Code.