RULE 10:
Support orders; Required affidavits
(A) Child Support Worksheets. Completed child support worksheets, as prescribed by the Ohio Revised Code and outlined by the Ohio Administrative Code, shall be presented to the Court at or prior to hearing on a motion or complaint for child support. If the parties are unable to agree on the proper completion of the worksheets, each shall present a proposed worksheet prior to the hearing. Proposed agreed entries for child support shall be accompanied by completed support worksheets.
(B) Deviations from Guideline Worksheet. If the child support provided in the agreement deviates from the child support guidelines, the proposed judgment entry shall contain findings of fact sufficient to substantiate the deviation. General recitals that the deviation is fair or equitable, or words of similar import, shall not be sufficient to substantiate the deviation.
(C) Child Support Affidavit. Upon the filing of any complaint requesting child support, or upon the filing of a motion requesting modification of an existing child support order based upon a change of financial circumstances, the petitioner shall file a Child Support Affidavit listing all information necessary by the Ohio Revised Code and Ohio Administrative Code to properly complete a child support worksheet.
The affidavit of the responding party shall be filed and served on the opposing party or counsel with any responsive pleading, or not less than fourteen days prior to the initial hearing.
If either party seeks a deviation from the amount of child support calculated pursuant to the basic child support schedule and applicable worksheet, each party will also be required to provide (if that party is currently married) his / her spouse's current income through discovery and at the time of trial.
The affidavits filed pursuant to this Rule shall be on the forms authorized by the Court as designated in this rule, or in a style and format consistent therewith. All information contained in the affidavit must be accurate. Any information that is estimated must be clearly identified. Blank spaces or “N/A” are unacceptable responses; “none” or “0” shall be used. Failure to timely submit an accurate affidavit may result in dismissal of the motion to modify.
(D) Content of Motion. A motion requesting modification of an existing child support order shall state with particularity the grounds therefor and shall be supported by a memorandum or affidavit of the moving party. If the responding party files a memorandum contra, it shall be served on the opposing party or his counsel not less than fourteen days prior to hearing.
(E) Required
Health Insurance Affidavit. In any complaint for custody, child support, paternity, or motion requesting a modification of child support or health insurance coverage, the pleading or motion and any responsive pleadings or motions shall be accompanied by a completed Health Insurance Affidavit on a form designated by the court in this rule.
(Amended effective 7/1/93, 6/16/94, 7/1/95; 2/9/98; 1/1/00; 10/1/04; 1/1/09; 10/25/2010; 5/13/19)