When couples with children divorce or dissolve their marriage in Ohio, one of the most pressing matters to resolve is child support.
Child support is the child’s right and a suitable amount must be agreed between the parents and approved by the courts—or a judge will order it.
Child support decisions are based on the facts at the time. However, the law recognizes that circumstances can change. To request a child support modification, you must return to court or apply for a review with the Child Support Enforcement Agency (CSEA).
The child support lawyers at Nielsen Miller Law in Columbus can help you present a compelling case for modification.
How do you modify child support in Ohio?
With child support, one parent (known as “the obligor”) sends payments to the other parent (the “obligee”) to help support the child’s ongoing needs.
In Ohio, child support orders are issued by the Domestic Relations Court, Juvenile Court, or a local Child Support Enforcement Agency (CSEA). Decisions are based mainly on the following factors (though other factors may be taken into account):
- The income from both parents
- The expenses necessary to care for the child
- How much time parenting time each parent has with the child
Each of these factors can change over time. If the change is substantial enough to warrant a child support modification, either the obligor or obligee should file a request with the issuer of the original order:
- For a child support order from the Domestic Relations Court, a motion must be filed with the court to modify the order.
- For a child support order from the Juvenile Court, an application must be made to the court or the local child support enforcement agency to modify the order.
- For a child support order from the local Child Support Enforcement Agency, an application must be made to the CSEA for an administrative review to modify the order.
Once you submit the necessary forms to the CSEA, you may receive an Administrative Adjustment Review Notification. You then need to complete more paperwork and provide evidence of income, health insurance, etc.
With the court system, the process is usually more complicated and takes longer than requesting an administrative review. You must provide supporting evidence with affidavits and most parents hire a lawyer to assist with this process.
Why do you need a lawyer to modify child support?
For a child support modification, you will need the correct forms, affidavits, and supporting evidence from the court or agency. Submission deadlines must be met and procedures followed carefully.
The child support modification process and, most importantly, the justification for amending support, are generally best handled by seasoned professionals who know the local child support systems in Ohio.
Applicants for a support modification must be able to show a material change in circumstances that renders the previously ordered support untenable.
The lawyers at Nielsen Miller Law in Columbus can help you file your request, present a compelling case for modification, and protect your legal rights throughout the process.
It should be noted, however, that an obligor cannot simply start paying a lower amount to the obligee each month before an official modification is issued. This would violate the terms of the original child support order and the obligor could face penalties for doing so.
What are the valid reasons for modifying child support in Ohio?
A significant change in income for either parent due to a job loss, a new job with a different salary, or a substantial increase or decrease in earnings are the most common reasons to modify child support orders in Ohio.
However, other valid grounds may include:
- The child no longer resides with the obligee
- Changes in the amount of each parent’s time spent with the child
- A parent is jailed, preventing the payment of child support
- The child starts serving in the military
- The obligor parent becomes disabled
- Unforeseen increases in the cost of living
- The child reaches the age of 19 (unless otherwise specified in a court order)
There is no legal requirement to hire a lawyer to facilitate the request for modification. However, many parents find it simpler and more effective to do so—especially if the parents don’t agree on the modification.
FAQs
When can a child support modification be made?
Obligors can typically request a review of child support every 36 months but may apply for a child support modification at any time after the original order is made if there are valid grounds for doing so.
What is considered a “significant” change in income?
Generally speaking, a 30 percent decrease in income or assets would warrant a change in child custody payments by the obligor—provided the reduction is permanent and due to circumstances beyond their control.
How long does a child support modification take in Ohio?
When you submit a review request, the CSEA determines within 15 days if you are eligible for a review. The agency has 180 days to complete the review and mail the results. Going to court may take longer than this depending on the complexity of the case and the caseload at the courts.
Can you pay less child support if you quit your job?
Avoiding or lowering the child support obligation by quitting or getting fired is generally not a valid way to reduce the child support obligation. The circumstances for the income reduction must be beyond your control. The CSEA could set (impute) an income for you even if you are unemployed.
What happens with child support if you are sent to jail?
Obligors facing incarceration for more than 180 days should immediately request a modification of their child support order as it will greatly affect their ability to pay. It’s best to seek assistance from the attorney who handled the criminal case.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your child support modification in detail and to learn how our experience and resources can work for you.
