Ohio Divorce with Children- Required Documents
There are many forms and there is a lot of required language when there is an Ohio Divorce with Children. If you do not submit the required forms or the required language is not included in either the Parenting Plan or the final Judgment Entry for Divorce or Dissolution of Marriage, the Court will not approve your Ohio divorce papers or Ohio dissolution papers.
Parenting Proceeding Affidavit (Uniform Child Custody Jurisdiction Act)
This required affidavit sets forth where the children have lived for the past five years and with whom, and asks that various questions be answered. This affidavit assures the Court that it has jurisdiction over the children based on their residency, that there are no proceedings in any other court regarding the children, and that neither parent has committed any abuse or neglect of a child (criminal offenses or findings in other court cases).
(For State Law on the Parenting Affidavit: http://codes.ohio.gov/orc/3127.23)
Health Insurance Affidavit
The Health Insurance is required in an Ohio Divorce with Children. It sets forth whether the children are on a government assisted health insurance program, whether health insurance for the children is available to either or both parents, and the cost of any available insurance. It is used by the Court to determine the availability and reasonableness of the cost of medical insurance.
Application for Child Support Services
This form (often referred to as the IV-D form) gives the CSEA (Child Support Enforcement Agency) the authority to act either now or in the future. It is usually given to the Clerk when the case is filed who forwards it to CSEA. This form is completed in an an Ohio Divorce with Children whether or not there is to be child support.
Ohio Child Support Worksheet
A Child Support Worksheet is completed in an Ohio Divorce with Children which sets forth the income of each party, the number of children, various factors in computing child support, and the child support obligation. Attorneys have the benefit of having purchased computer software which makes the task of computing child support easier.
In essence, the Ohio Child Support Guidelines figure the total child support based on the total family income of both spouses and the number of children, and then allocates the support obligation based upon the relative percentage of income of each party.
There are a number of factors that can adjust what the amount of child support is: if a parent is paying child support for other children not of the marriage; if a parent is paying for day care; if a parent is paying the premiums for health insurance coverage for the children; if a parent has other children not of the marriage who are living in their home and whom they are supporting.
The Ohio Child Support Worksheet has two final columns which show the amount of child support if medical insurance is being provided, and a second column which shows the amount of child support and the amount of cash medical assistance if insurance is not being provided.
As an example of this: say that the child support is $500 per month when medical insurance is being provided. The second column may say that when insurance is not being provided the child support is $450 and the cash medical assistance is $100.
Cash medical assistance is only paid if the Obligor (parent paying the child support) is over a certain income amount and only if insurance is not being provided. Cash medical assistance is either paid to the other parent or to the government if the child(ren) are on government assisted medical insurance. Unlike child support, cash medical cannot be deviated or adjusted.
A Parenting Plan is required in an Ohio Divorce with Children. Either there will be custody to one parent or a Shared Parenting Plan where both parents share in the parenting of their children. This is explained in another section of this website.