Life can be unpredictable. Although you may have a current child support agreement in place, your child’s needs or the financial situation of you or your ex-spouse may change considerably, resulting in a need for a child support modification.
If your child support agreement no longer fits your or your child’s circumstances, our child support modification lawyers can help. Although changing a child support or child custody order can be easily resolved in some cases, many modifications can be highly contested and require extensive work to resolve. For this reason, it is always best to have the legal guidance of an experienced family law attorney. We can help you modify your child’s current support and ensure the revised order is strictly enforced.
Our attorneys have helped parents obtain favorable child support modifications for over 40 years. We know how to obtain a fair and equitable outcome quickly, effectively, and as amicably as possible. If you need help with a modification of child support in Ohio, we highly recommend contacting our office to set up a free consultation, where you can explain your situation to one of our highly skilled attorneys. We will go over the options that best fit your situation and determine a course of action to get you the result that aligns best with your and your child’s best interests.
Speak to a child support modification lawyer in Ohio. Call 888.534.4850 or contact us online.
Ohio Child Support Modifications
If you pay or receive child support, you may request the established amount be reviewed and adjusted. Depending on the process you choose, a review can be performed if a parent’s or child’s circumstances have significantly changed or at least 36 months have passed since the last child support order was established or review was completed. Circumstances that may result in a modification of child support include:
- Either parent has become employed or had an increase in salary
- A 30% increase or decrease of the parent’s gross income for a period of six months or more
- Either parent has been unemployed for at least 30 consecutive days
- The child’s needs have changed significantly
- Either party has become disabled
- Incarceration of either parent unless it relates to child abuse or neglect or an act of domestic violence
- The child in question got married, was emancipated, or joined the military
In Ohio, there are two ways to request an adjustment in child support. If you feel the amount of support you pay or receive needs to be modified, you can:
- File a motion in court
- Request a Child Support Enforcement Agency (CSEA) review
Filing a Motion in Court
The first method in which you can request a change to your existing child support order is to file a “motion to modify” with the court. You do not have to wait 36 months to request a review by the court. However, you will need to show that one or more of the circumstances listed above applies to your case. The motion to modify should be filed with the court that issued the original order.
Once you file the motion to modify, along with any additional required documentation with the Clerk of Court, you will be notified of the date, time, and location of your court date. During your court hearing, you will explain your change of circumstances, and the judge will likely ask you a few questions. The judge will assess the situation, and if he or she feels there is a valid change of circumstances, they will adjust the amount of child support.
It is important to note that while your case is pending, you must adhere to the child support order that is currently in place. If you fail to pay while you seek a review, you will be ordered to pay any past-due support along with any imposed fines.
As previously stated, filing a motion to modify with the court will require you to show the judge there has been a significant change in your situation, the other parent’s situation, or the needs of your child. To ensure you effectively show the court a change of support is warranted, we highly recommend obtaining legal assistance from an experienced Ohio child support modification attorney.
Schedule a FREE consultation with a child support modification lawyer today by calling 888.534.4850 or filling out this form.
Requesting a Review from the CSEA
Another way to request a child support change is to ask the CSEA to review your current order. You are eligible to request a review if it has been at least 36 months since your last order or review. You may qualify if it has been under 36 months, but the circumstances since your previous order or review must be significantly different. During a CSEA review, a caseworker will look at both parties’ circumstances and financial situation to see if the current order should be adjusted.
To request a review with the CSEA, you must complete and sign the “Request for an Administrative Review of the Child Support Order.” Include all documentation supporting your review eligibility and submit your paperwork to the CSEA where the original order was issued. If the caseworker determines your order is eligible for review, they will send a request for additional information, such as proof of income of both parents, health insurance information, and other relevant documentation.
Once the CSEA has received all of the necessary documents, the caseworker will have 180 days to review your case and make a recommendation. If both parties agree, the recommendation will become the modified order. If one or both parties object, a hearing will be held with a CSEA administrative hearing officer, where they will review the case and make their own determination. If one or both parties object to the officer’s decision, the objecting party can file a written objection with the court that issued the original order.
The Child Support Modification Process That is Right for You
When choosing the child support modification method that best fits your needs, it is best to look at the advantages and disadvantages of both filing a motion in court and requesting a review through the CSEA.
The pros and cons of filing a motion in court
- You have the opportunity to personally appear in front of the judge to explain your situation.
- There is not a 36-month time frame before you can request a support modification through the courts.
- The court can consider relevant factors and deviate from the guidelines when making a determination.
- You may need to pay court costs.
- You are required to formerly “serve” or notify the other party.
The pros and cons of requesting a CSEA review
- There are no court costs.
- You don’t have to “serve” or notify the other party.
- There is no required court hearing.
- The CSEA must adhere to strict guidelines when making a determination.
When deciding how to request a change to your child support, we recommend speaking to an attorney who has extensive experience handling support modifications. They can carefully look at your situation and determine which method would most likely result in a fair and equitable resolution.
To learn more about modifying child support in Ohio, call 888.534.4850 to arrange a FREE consultation.
Experienced Child Support Modification Attorneys
At Slater & Zurz LLP, our experience and dedication allow us to offer skilled legal assistance relating to child support modification in Ohio. A considerable change in either parent’s circumstances or the child’s needs can render a revision in child support, child custody, parenting time, and spousal support. We can help you navigate the modification process and provide you with expert legal guidance, regardless of whether we represented you in your original family law matter.
Our experienced attorneys will carefully review the established order, thoughtfully assess the situation, and detail the options we feel will be best suited in obtaining your desired result. Once we have determined the next steps, we will take aggressive and appropriate legal action. Our attorneys will advocate diligently on your behalf during the entire modification process to ensure your and your child’s rights and best interests are protected while we fight to get you the result you need.
To learn more about the child support modification process and how our legal team can help, we welcome you to contact us to arrange a FREE, confidential consultation. We have offices in Akron, Canton, Cincinnati, Cleveland, and Columbus to serve you. Call 888.534.4850 or contact us online. We are available anytime day or night to take your call.