Modification

Your child support order and medical support order may be reviewed every 36 months at the request of either party.

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When and why should I ask for a modification?

  • A modification may be requested every 36 months from the time the previous order was filed .  The State Office of Child Support will send notification via mail that your case qualifies for the 36 month review. You may also request a modification prior to the 36 month timeframe when the following criteria applies:

    • The existing order established a minimum or a reduced amount of support based on the Child Support Guidelines due to the unemployment or underemployment of the obligor and the obligor is no longer unemployed or underemployed.  The requesting party must provide to the CSEA relevant evidence or information supporting an allegation of the change in the obligor's employment status.

    • You or the other party are unemployed or laid off, the unemployment or lay off is beyond the party's control, and the unemployment or lay off has continued uninterrupted for thirty consecutive days.  The party requesting the administrative review must provide to the CSEA relevant evidence of the unemployment or layoff, including the unemployment or lay off is beyond the party's control.  If the amount of the existing support order was calculated based on the annualized income of an individual who is employed in a seasonal occupation, and the cause of the request for a review is seasonal lay off, then the party does not meet the criteria for an administrative review under this section.

    • You or the other party are unemployed due to a plant closing or mass layoff as defined in the Worker Adjustment and Retraining Notification Act (WARN), 26 U.S.C 2101 et seq.  The administrative review request may only be made after the worker's last day of employment.  The worker must provide to the CSEA a copy of the notice of the plant closing or mass layoff provided pursuant to the WARN Act.

    • You or the other party are permanently disabled reducing his or her earnings ability.  The request or must provide to the CSEA verification of receipt of benefits administered by the Social Security Administration due to the disability and/or a physician's complete diagnosis and permanent disability determination.

    • You or the other party are institutionalized or incarcerated and cannot pay support for the duration of the child's minority and no income or assets are available to the party which could be levied or attached for support.  The request or must provide evidence of the institution or incarceration and the inability to pay support during the child's minority.

    • You or the other party have experienced a thirty percent decrease, which is beyond the party's control, or a thirty percent increase in gross income or income-producing assets for a period of at least six months and which can reasonably be expected to continue for an extended period of time.  The party requesting the administrative review must provide to the CSEA relevant evidence or information supporting an allegation of a change in status.

    • The order is not in compliance with the guidelines due to the termination of support obligation for a child of the existing support order.

    • The other party and I have a child in common and I want to add that child to an existing administrative child support order or I want to consolidate two or more administrative child support orders for children I have in common with the other party.

    • I want to access available or improved private health insurance coverage that is available for the child.  The requesting party must provide to the CSEA relevant evidence or information supporting the allegation that access to new or improved private health insurance is available.

    • You or the other party have experienced an increase or decrease in the cost of ordered private health insurance coverage or child care for the child which is expected to result in a change of more than ten percent of the child support obligation based on the current Child Support Guidelines calculation.  The requesting party must provide to the CSEA relevant evidence or information supporting an allegation of an increase or decrease in the cost of private health insurance or child care.  If the request is based on a change in the cost of private health insurance, the requesting party must provide to the CSEA evidence regarding the cost of a family plan and the cost of an individual plan.

    • The private health insurance that is currently being provided in accordance with the child support order is no longer reasonable in cost and/or accessible.  The requesting party must provide to the CSEA relevant evidence or information supporting an allegation that the private health insurance is no longer reasonable in cost and/or accessible.

    • I am the obligor and I assert that my annual income is below 150% of the federal poverty level and I should not be ordered to pay cash medial support (the federal poverty guidelines can be found at http://www.aspe.hhs.gov/poverty or by contacting the CSEA).  The obligor must provide to the CSEA relevant evidence or information supporting an allegation that his or her annual gross income is below 150% of the federal poverty guideline.

    • You are the obligor and a member of the uniformed services who has been called to active service for a period more than thirty (30) days.

    • A temporary adjustment order pursuant to 5101:12-60-05.2 of the Ohio Administrative Code was issued, the obligor's term of active military service has ended, and the obligor has provided the CSEA written documentation sufficient to establish that the obligor's employer has violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C 4301 to 4333.

    If a request for a review is made prior to the 36 month timeframe and the CSEA does not receive sufficient evidence supporting the request, the CSEA may deny the request.

How soon will I know if my request has been approved?

  • The CSEA has 15 days from the date that we receive the request to respond. When members of the Uniform Services request a temporary adjustment as a result of being called to active duty the CSEA has 3 business days to respond.  The CSEA will send notification of the date of the scheduled desk review or a denial notice if the case does not meet the above listed criteria and it has not been 36 months since the last modification. Each party will be given 45 days to submit the necessary documentation to complete the review.  Upon completion the caseworker will send to both parties the Administrative Recommendation.  A modification can take anywhere from 60-180 days to complete depending on the circumstances of the case.  

Do I need to be present for the Administrative Review?

  • No, the Administrative Review is a desk review and does not require your presence.

Do I need to send original documents?

  • No,please send copies of all requested documents.  The CSEA scans/images all documents and destroys all original documents: your originals may be shredded.

What happens if the non requesting party does not send in their documentation for the Administrative Review?

  • The investigator will send a subpoena to the non requesting party with a specific date for them to submit the documentation.  If the non requesting party still does not provide the CSEA with the documentation,the case will be referred to our legal team and will be set for a court hearing.  

What if I do not agree with the Administrative Recommendation?

  • Each party has a right to object to the Administrative Recommendation and must submit their objection in writing within 14 days after receiving the recommendation.  Your case will be scheduled for an Administrative Hearing or may be referred directly to court depending on the circumstances. 

What should I bring to the Administrative Hearing?

  • Each party will be given an opportunity to testify to each item on the Guidelines Worksheet.  Each party should bring all documentation that they submitted to the caseworker for the desk review and should bring any new evidence that may be relevant to the case.  The Administrative Hearing Officer will listen to all testimony and re-review all of the documentation before making a decision.  An Administrative Hearing Decision will then be sent to both parties.

What if I do not agree with the Administrative Hearing Decision?

  • Upon receipt of the Administrative Hearing Decision if you do not agree you may submit an objection within 14 days.  Your case will then be set for a court hearing. 

How do I know when the Modification is complete?

  • The Modification is complete when the final order has been filed with the appropriate court.  


Child Support Calculator

Disclaimer:
Knowledge of the financial circumstances of both parties as well as an understanding of Ohio family law and Ohio and federal tax law is necessary to complete the worksheet with complete accuracy. A court, attorney, or child support enforcement agency may have a different interpretation of the specific enterable data for this worksheet, as there can be a degree of subjectivity. If you have questions about child support or the Ohio child support guidelines, you should consider contacting an attorney.