Equal parenting time does not always result in a deviation in child support.   A recent case from the 10th District Court of Appeals illustrates this issue (Havens v. Havens, 2012-Ohio-2867).  In Havens  the a Franklin County Domestic Relations trial court refused to deviate guideline child support downwards even though the parties had equal parenting time.  The Court of Appeals noted that while the statute for child allows such deviation if it is in the best interest of the children and lists the factors that the court should consider when contemplating a deviation in child support, the court does not have to deviate simply because there is an equal division of time with the children and it is not an abuse of discretion to order full guideline child support under such circumstances.  When a client is faced with a situation where they are asking for a downward deviation based upon equal time, it is important not to rely upon this factor alone, but to present a case demonstrating why it would be unfair to the children, under the circumstances, to require one parent to pay full guideline support.   

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