Prior to amendment of the child support statute in Ohio, the calculation of support was based upon the entire combined income of the parties. The applicable percentage to determine the support level was applied to the combined income no matter the amount. If a parent believed that the resulting amount from that calculation was unjust, it was incumbent on that parent to convince the court that it was not in the best interest of the child or children to have that level of support. The argument often advanced was that once the needs of the child were met, the additional support being paid was actually spousal support. The calculation prior to the amendment was known as "the extrapolation method".
The amendment to the statute stops the mathematical calculation at a combined income of $150,000.00. The court is directed to consider cases where the combined income is over $150,000.00 on a case by case basis, considering factors including the level of support the child or children would have enjoyed had the marriage continued. The order is to be no less than the amount of support calculated when the combined income is $150,000.00 unless the court determines that amount would be unjust and inappropriate. The court would also have to conclude that the amount would not be in the best interest of the child or the parents.
When the court determines that the amount of support should be higher than that using the $150,000.00 level, it need not make any specific findings, but rather only use its discretion to set the amount based upon evidence of the needs of the children and parents, and their standard of living.
It is not, however, error for a court to use the extrapolation method in an appropriate case. In a recent Lucas County, Ohio case, the court used that method in setting support where father's income was in excess of $500,000.00 and wife's over $110,000.00. Father was ordered to pay $4,576.00 a month for one minor child. The order was upheld because the court computed the support at the $150,000.00 level and at the extrapolation level and concluded the extrapolated level was reasonable. It must be remembered that in cases of combined income of $150,000.00, the support at that level is not a cap, but rather a minimum.
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