THE MANY REQUIREMENTS FOR OHIO DIVORCE WITH CHILDREN 

There are a number of forms that must be prepared and procedures that must be followed when there are minor children in a marriage:

There is a UCCJA Affidavit (Uniform Child Custody Jurisdiction Act) which is required that sets forth where the children have lived for the past five years and with whom and which asks that various questions be answered.   This affadavit 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). 

There are certain forms which are required which set forth all the rules and procedures regarding child support and medical coverage.  The language of these forms is quite lengthy and detailed and must be included in the text of the Divorce Decree or made as an attachment to the Divorce Decree.

There are Ohio Child Support Guidelines which set 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 guidelines have been revised.  The revised forms have 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 and 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.   This is the common situation when the custodial parent has met certain income qualifications and has covered the child under insurance through the government (Care Source).   The government wants to get this money back and so the $100 per month cash medical assistance will go to the government. 

Adjustments can be made in the amount of child support but a Court will want to know the reasons for the adjustment and if the adjustment is in the best interests of the children.  Sometimes a parent is taking on special costs of the children which can lower the amount of child support, or a parent is having the children for longer periods of time than the customary visitation periods.  Child support may be adjusted in Shared Parenting Plans where the parties are splitting the time that the children have with each parent. 
 

You will have to attend a Seminar for Separating Parents.  This is a seminar which is conducted either by the Court itself or by a group under contract with the Court.  The seminar may have a fee or it may be free, depending on the County.  The seminar is designed to provide helpful information, answer questions and encourage that the parties do what is best for the children. If a party does not attend the seminar the Court can refuse to grant them custody or limit their visitation with the children until they have completed the seminar.

Parenting Plan.  Some counties have model plans which set forth usual times or schedules of companionship (visitation).  Custody can be given to one parent or the parents can decide upon a Shared Parenting Plan.  Putting aside all the legal language, the most important thing is for parents to think about what is best for their children and to try to work together for the benefit of their children. 

Shared Parenting Plans In Ohio
Parents can decide that it is best that they have a shared parenting plan for their children.  Shared parenting plans in Ohio cannot be forced upon the parties or Ordered by the Court unless the parties mutually agree. 

One parent is designated the custodial parent for school enrollment purposes.  Each parent is the custodial parent when a child is with them.  A rough schedule of parenting time is set forth (when the children will be with each parent). 

The greater the distance between the residence of the parents, the greater the problems in adopting a shared parenting plan.  The greater the cooperation and the spirit of shared decision-making over major issues affecting the welfare of the children, the greater the chance that shared parenting will work.


There are so many variations in parenting plans and sometimes the legal jargon loses sight of the most fundamental principle:  parents should know and should do what is best for their children.   Think about what you feel is best for your children.  Try to work with and cooperate with the other parent in making decisions which are best for your children. 


Since there are so many requirements and variables when there are minor children in a marriage, it is doubtful that any divorce kit will adequately address the various questions or properly deal with the particular requirements of Ohio law and Ohio divorce courts.  If you are in doubt, it is best to consult an attorney.