The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Wednesday, September 29, 2004

Calculating the value of lost child support payments: An Ohio Example

Valuing lost child support payments in injury and death cases is very similar to lost wage analyses. The main difference is that the attorney must obtain information on how the child support payments are calculated. Child support formulas vary significantly by state. Below is an example from the state of OH.

Things the attorney needs to get to prove up damages in a loss of child support case

1. Gather information on the parent obligation data. In OH, the attorney should be looking for a summarized data sheet on what the deceased family member has already paid. This will give you a good idea on what future child support payments should look like.

2. Review and obtain the child support formula. These documents are used to determine the future parent obligation that would have been made by the deceased. In OH, the attorney would be looking for the Basic Child Support Schedule of the Ohio Revised Code ([§ 3119.02.1] § 3119.021.)

In OH, the parent obligation is recalculated when a parent has a 10% or higher increase in salary. Based on the OH code, if a person's salary just kept pace with inflation, the parent obligation would be recalculated every four years.

For OH documents on child support, a good reference site is:

online.andersonpublishing.com






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