Often, I get questions from people who feel their child support order needs to be adjusted. Usually, it is the non-custodial parent who feels they are paying too much. Occasionally, it is the custodial parent who feels the non-custodial parent isn’t paying his/her share.
In Ohio, support modifications may be requested either through the court (Domestic Relations or Juvenile) that made the order or the Child Support Enforcement Agency (CSEA) in the county enforcing the order. Under most circumstances, you should start with the CSEA. It is usually faster and more conducive to self representation. Furthermore, courts often get peeved when you come to them without first exhausting your administrative remedies. You can take your matter up with the court if you disagree with the agency’s ruling.
For the court or CSEA to modify your support order, they must find that there has been a “change in circumstance” to justify it. To request a modification, at least one of the following must apply (see Ohio Administrative Code § 5101:12-60-05.1):
- At least 36 months has past since the order was issued or last modified; or if 36 months have not passed, any of the following…
- A minimum support order ($50/mo.) can be reviewed at any time;
- One or both parents has become unemployed through no fault of his/her own (this means you can’t quit your job and expect your order to be modified) for at least 30 consecutive days;
- One or both parents has become unemployed due to mass layoff or plant closing;
- One or both parents has become permanently disabled (be sure to have medical proof and social security information);
- Institutionalization or incarceration (see caveat * below);
- One party has experienced a 30% decrease in income through no fault of his/her own or a 30% increase in income;
- The child subject of the order has been emancipated (support remains in effect until child turns 18, or up to the 19th birthday if the child is still in school-you are still responsible for back child support).
If any of these apply, calculate the new amount of support. Here is a free resource that should give you a good idea of what the amount will be (assuming your figures are accurate of course). If the change is to your benefit, file the modification application. Contact the CSEA or visit their website to obtain the application.
When filing an application to modify support, always do it ASAP. Support modifications are not issued retroactively. That means the modification will only be effective as of the date of the application and not a day before.
* Note: some jurisdictions will not modify due to incarceration. These jurisdictions reason that it was your own fault for committing the crime. Therefore, it is a voluntary loss of income.
Please share your experiences with child support modifications.
