Ohio Child Support Modification

Ohio family law courts base the amount of child support on the parents' income and the child's needs. If either parent needs to change the child support order, they can request an administrative hearing with the Child Support Enforcement Agency (CSEA). Parents can also request modification of child support orders through the family law court.

Modifying child support payments is not as simple as asking for a change in payments. The CSEA reviews all support orders every 36 months. For other reviews, the requesting party must show a "substantial change" in the obligor's or obligee's income or the child's needs that justifies a change in support (ORC § 3119.79).

Ohio child support guidelines use a formula that combines the parents' gross income and medical support (such as employer health insurance) and subtracts required deductions like income taxes and union dues. The remainder is the basis of child support obligation.

Ohio Child Support Modification Rules

You can make child support modification requests through CSEA or the courts. There are advantages and disadvantages to both methods.

CSEA Review

CSEA reviews orders every 36 months (ORC § 3119.70). You can request an administrative review if one of the following is true:

• It has been 36 months since the last review

• Circumstances have changed since your last review

CSEA must review your case to see if you qualify for a change of order. Qualifying changes can include more than 30 days of unemployment 30 days, or loss of income of at least 30%.

You must include a "Request for an Administrative Review of the Child Support Order" form and all required supporting documentation. CSEA has 180 days (six months) to complete the review and send the results to both parents.

The benefits of the CSEA review are:

• No court costs. You will not have to serve notice or documents on the other parent.

• No court hearings. The entire process is done over the phone or via email.

• The appeals process is faster.

The downside is the lengthy review process. If a parent has lost a job or is in immediate financial difficulty, a six-month wait time to modify a support order may be too long.

Court Order

Either party may file a motion to modify a child support order with the court that issued the original order (ORC § 3119.70). There are no time restrictions to court modifications. Parties should seek legal advice before filing motions for modification.

The benefits of a court motion for modification include:

• No time limits. You may file a motion whenever you have a significant change in circumstances.

• In-person hearings with the court allow you to explain the situation directly to the judge.

• The judge has greater discretion to modify the order based on the parties' circumstances. For instance, a judge may determine a payor parent is "voluntarily underemployed" and impute unearned income to their support order.

There are substantial downsides to going to court, however. Some examples are:

• You must pay court costs and filing fees.

• You must serve the other parent and do it correctly. You may need to pay a process server if the other parent is uncooperative.

• You may need an attorney, especially if the other parent has an attorney.

Grounds for Review

Parents can request a review or file a motion for modification if there has been a substantial change in the parents' income or the child's needs. Ohio law defines a "substantial change" as 10% more or less than the current support order or a lapse in the child's medical insurance.

Specific reasons that could trigger a review or motion can include:

• Layoff or unemployment through no fault of the parent's

• Substantial increase or decrease in income

• Increase or decrease in the cost of health insurance or child care

• Deployment to active military duty

• Permanent disability

• Incarceration or institutionalization

While the review or motion is pending, the obligor parent must continue making payments as ordered. If the parent cannot pay and the child's care may suffer, notify Child Support Services immediately.

Remember that your child support obligation can increase after a modification request, even if you requested a downward modification. Also, if the review does not change the current payment by at least 10%, the court or CSEA will not adjust the payment.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Ohio Child Support Modification: Related Resources

• Ohio Child Custody Laws

• Ohio Child Support Enforcement

• How Much Child Support Will You Pay?

Get Legal Advice from an Ohio Family Law Attorney

Ohio's child support modification process helps make child support payments easier for parents. Contact an Ohio child support attorney today if your existing child support order needs updating.