Ohio Laws on Child Support & Insurance

Ohio law requires parents to support their children financially until they reach age 18. Support obligations may end before age 18 if the child marries, obtains a legal emancipation, is adopted or enlists in the military. Similarly, support obligations can extend beyond age 18 if the child is still in high school or is unable to become financially independent because of a permanent disability. Their duties to financially support their children include their responsibility to provide them with health insurance.

Establishing Awards

• Judges will use both parents income and order support based on their respective income shares. If a parent is paying support under a different order to other children, the court can modify the award only when she is living with her other children. This rule applies to parents with other biological or adopted children, and as long as they are the custodial parents or living with their children for the majority of the time, then they are eligible for a deviation from the presumptive guidelines.

Health Care

• Under Ohio law, courts must factor in the costs of medical insurance and medical needs when establishing or modifying child support. Ohio law requires that courts incorporate a separate medical support obligation requiring one or both parents to provide health care and contribute to their child's medical needs. Ohio courts may not require a parent without health care coverage or access to coverage to provide health care. Each parent must share in the health care costs and out-of-pocket copayments, prescription drug expenses and uncovered medical expenses.

Limitations

• If one parent has health care, the Ohio court must make sure the costs for health care coverage are reasonable. Under Ohio law, health care costs are reasonable if the costs of additional coverage does not exceed 5 percent of gross income. For instance, if the cost of obtaining group coverage for one parent is $2,000 per month, and the single plan coverage costs $1,500 annually, then the difference is $500. If the parent's annual income is $40,000, then the court considers that as reasonable because the difference is not more than 5 percent of her annual gross income.

Allocating Costs

• Courts can order parents to split any unreasonable insurance coverage costs or require one parent to pay it if it would be in the child's best interests. If one parent is orders to provide insurance, the other parent will receive an increase to her obligation. In other words, if a father is ordered to pay support and is providing insurance, then his former wife would have to reimburse him for her share of the health insurance

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.