How to Handle Child Support Modifications: When and How to Seek a Change

Child support orders are established based on the financial circumstances of parents and the needs of their children at a specific point in time. However, life is dynamic, and circumstances can change significantly. When these changes occur, it may be necessary to modify child support in Ohio to ensure the support order remains fair and appropriate.

At KRK Family Law, we frequently assist clients in understanding when and how to seek a modification of their child support obligations.

When Can You Modify Child Support in Ohio?

In Ohio, a child support order is not set in stone. It can be reviewed and potentially adjusted if there’s a “substantial change in circumstances.” While a review is automatically available every 36 months (three years) from the date the order was established or last reviewed, you can often seek a modification sooner under specific conditions.

Here are common scenarios that typically warrant a request to modify child support in Ohio:

• Significant Change in Income:

• • • Decrease in Income: This could be due to job loss (not voluntarily leaving a job to avoid payments), a reduction in work hours, a pay cut, or a new job with lower pay. Generally, a decrease of at least 30% in gross income for a period of six months or longer, or unemployment/layoff for at least 30 days, may qualify.
    • Increase in Income: A substantial promotion, a new higher-paying job, or a significant increase in bonus or commission income for either parent can also be grounds for modification.

• Change in Child’s Needs:

• • • Medical Expenses: A new diagnosis, ongoing medical conditions, or increased healthcare costs for the child may necessitate an increase in support.
    • Educational Costs: Unexpected or significantly increased expenses related to schooling, tutoring, or extracurricular activities could also be a factor.
    • Special Needs: If a child develops special needs that require additional financial resources for care or therapy.

• Change in Custody or Parenting Time:

• • If the child’s primary residence changes, or if there’s a significant alteration in the parenting time schedule, it can impact the child support calculation.
• Incarceration or Institutionalization: If a parent is incarcerated or institutionalized for an extended period.
• Parental Disability: If either parent experiences a permanent disability that affects their ability to work or care for the child.
• New Child in the Household: The birth or adoption of another child for either parent can sometimes impact child support calculations, though this is evaluated carefully.

How to Modify Child Support in Ohio

There are generally two paths to modify child support in Ohio:

• Administrative Review through the Child Support Enforcement Agency (CSEA):

1. 1. • You can initiate a review through your local CSEA. This is often the first step, especially for routine triennial reviews or if your circumstances clearly fall within the CSEA’s review criteria.
      • You will typically need to complete a “Request for an Administrative Review of the Child Support Order” form (JFS 01849) and submit it with supporting documentation of your changed circumstances (e.g., pay stubs, tax returns, medical bills, proof of job loss).
      • The CSEA will review the financial information of both parents and determine a recommended adjustment based on Ohio’s child support guidelines.
      • Both parties will have the opportunity to object to the CSEA’s recommendation and request an administrative hearing or pursue the matter in court.

• Filing a Motion with the Court:

1. • You can directly file a “Motion for Change of Child Support, Medical Support, Tax Exemption, or other Child-related Expenses” (DR Form 28/Juvi Form 7) with the court that issued your original order.
   • This path is often chosen when the change in circumstances is complex, the parties cannot agree, or if the CSEA administrative process is not appropriate for your specific situation.
   • You will need to provide detailed documentation and evidence to support your request for modification.
   • A judge will review the evidence and make a determination based on the Ohio child support guidelines and the best interests of the child.

Steps to Take When Seeking a Modification:

• Gather Documentation: Collect all relevant financial records (pay stubs, tax returns, bank statements, W-2s, 1099s), medical bills, proof of changes in living arrangements, and any other documents that support your claim of a substantial change in circumstances.
• Consult an Attorney: This is perhaps the most crucial step. An experienced family law attorney at KRK Family Law can:

• Evaluate your eligibility for a modification.
• Advise you on the best path forward (CSEA or court).
• Help you accurately complete all necessary forms and gather proper documentation.
• Represent you during administrative hearings or court proceedings.
• Negotiate with the other parent’s attorney to reach an amicable agreement if possible.

• Act Promptly: Do not delay in seeking a modification once your circumstances change. Child support modifications are generally not retroactive to the date of the change in circumstances but rather to the date the motion to modify was filed or the CSEA review was requested.

Why Professional Guidance is Key

While the CSEA process can seem straightforward, modifying child support can be complex, especially if the other parent disputes the change or if your financial situation is complicated (e.g., self-employment, fluctuating income). Working with a knowledgeable attorney from KRK Family Law ensures that your rights are protected, your case is properly presented, and you navigate the legal system effectively to achieve a fair and appropriate outcome for your child.

If your financial or living circumstances have changed, and you believe it’s time to modify child support in Ohio, contact KRK Family Law today for a consultation.