Child Support Order Modifications
A review and adjustment is a change of prior support orders based upon a substantial change in circumstances of one or both of the parties. If the child is not receiving Public Assistance, a review will only be done at the request of one or both of the parties.
The CSEA is required to conduct an administrative review when:
- 36 months after the date of the most recent support order, the CSEA shall initiate an administrative review of a case in which the child is currently receiving Ohio Works First benefits. Unless a court has determined that a review and adjustment of the child support order is not in the best interest of the child, the CSEA shall presume that an administrative review is in the best interest of the child.
- The CSEA shall immediately initiate a review and adjustment upon discovery that a child support order does not include the medical support provision to either provide private health insurance coverage that is reasonable in cost for the child, or to report any available insurance coverage to the CSEA or the court.
The CSEA may initiate an administrative review and adjustment when a child support order was issued or modified in accordance with section 3119.30 of the Revised Code and:
- There is a medical support provision for both parties to report when private health insurance coverage for the child becomes available;
- One of the parties reports that private health insurance coverage for the child has become available; and
- A health insurance obligor has not been identified.
Either party may initiate an administrative review every thirty-six months from the date of the most recent support order by:
- Completing and submitting the JFS 1849 “Request for an Administrative Review of the Child Support Order” to the CSEA.
The CSEA is not required to conduct an administrative review when:
Neither party resides in Ohio, unless the request is from a member of the armed services. When the CSEA denies such a request for an administrative review, the CSEA shall notify the requesting party to contact the IV-D agency in the requesting party’s state of residence.
It has been less than thirty six months from the date of the most recent child support order and the CSEA determines the request for the administrative review is a frequent request and there is no evidence to support the request. “Frequent Request” is defined as more than one request for an administrative review per party in a three-month period. When the CSEA denies such a request, the CSEA shall notify the requesting party of the denial and the reason for the denial.
It has been less than thirty-six months from the date of the most recent child support order and the CSEA determines that the requesting party has failed to provide evidence or information to support the administrative review request. When the CSEA denies such a request, the CSEA shall notify the requesting party of the denial and the reason for the denial.
REASONS FOR A MODIFICATION PRIOR TO THE 36 MONTH TIMEFRAME
- If the minimum amount of support is ordered based on the Child Support Guideline Schedule at the time the order is entered due to the unemployment or underemployment of the obligor, and information becomes available that the obligor has moved from being unemployed to employed or has changed from being underemployed to obtaining more gainful employment.
- Either party to the order has become unemployed or been laid off, the unemployment or lay off is beyond the party’s control, and the unemployment or layoff has continued uninterrupted for thirty consecutive days. The party requesting the administrative review must provide the CSEA relevant evidence of the unemployment or layoff, including evidence that the unemployment or layoff 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.
- Either party has become unemployed due to a plant closing or mass layoff as defined in the Worker Adjustment and Retraining Notification Act (WARN) 1989, 29U.S.C.2101 ET SEQ. The administrative review request may only be made after the worker’s last day of employment. The worker’s last day of employment is considered the date of that worker’s lay off. 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 can also check the following site for a list of WARN Acts http://jfs.ohio.gov/warn/.
- Either party to the order becomes permanently disabled reducing his or her earnings ability, and 36 (thirty-six) months have not passed since the last review. The disability will be medically verified by the receipt of social security disability benefits and/or physicians’ complete diagnosis and determination.
- Either party to the order cannot pay support for the duration of the child’s minority because of institutionalization or incarceration with no chance of parole, and no income or assets are available to the party which could be levied or attached for support.
- Either party has experienced a 30% (thirty per cent) decrease in gross income which is beyond the party’s control or an 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 review must provide the CSEA relevant evidence or information supporting an allegation in a change in status.
- The order is not in compliance with the guidelines due to the termination of the support obligation for a child of the existing support obligation.
- In administrative support order(s) over which a court has not taken jurisdiction, to consolidate children of the same parents for whom a duty of support has been established into a single administrative support order that is in compliance with the guidelines.
- In order to access the availability of health insurance or improved health insurance coverage for the child (ren). The requesting party must provide to the CSEA relevant evidence or information supporting the allegation that access to new or improved health insurance is available.
- Either party has experienced an increase or decrease in the cost of child care or ordered health insurance coverage. When the newly reported cost of child care or health insurance would change the existing support obligation by more than ten per cent, then the party meets the criteria for an administrative review. The requesting party must provide to the CSEA evidence or information supporting an allegation of an increase or decrease in the cost of health insurance or child care. When 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 child support order was issued or modified in accordance with section 3119.30 (cash medical)of the Revised Code and the private health insurance that is currently being provided in accordance with the support order is no longer accessible or reasonable in cost. The requesting party must provide to the CSEA evidence or information supporting an allegation that the private health insurance is no longer accessible or reasonable in cost.
- The child support order contains a medical support provision for cash medical support and the obligor reports that his or her gross income is now below one hundred fifty per cent of the federal poverty level for an individual. The obligor must provide to the CSEA evidence or information supporting an allegation that his or her annual gross income is below one hundred fifty per cent of the federal poverty level for an individual. (http://www.aspe.hhs.gov/poverty)
- The obligor is a member of the uniformed services and is called to active military service for a period of more than 30 days. (see rule 5101:12-60-05.2 of the Administrative Code for instructions).
- An obligor who received a temporary support order adjustment pursuant to rule 5101:12-60-05.2 of the Administrative Code has notified the CSEA that the obligor’s term of active military service has ended and has provided written documentation sufficient to establish the obligor’s employer has violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 to 4333.
For further information, please contact the Stark County CSEA at 330-451-8930.