A modification may be requested every 36 months from the time the previous order was filed . The State Office of Child Support will send notification via mail that your case qualifies for the 36 month review. You may also request a modification prior to the 36 month timeframe when the following criteria applies:
- The existing child support order established a minimum or a reduced child support obligation based on the guidelines due to the unemployment or underemployment of one of the parents and that parent is no longer unemployed or underemployed.
- One of the parents is unemployed or laid off beyond the parent’s control for thirty consecutive days. This does not include seasonal employment.
- One of the parents is unemployed or laid off due to a plant closing or mass layoff. The administrative review request may only be made after the worker’s last day of employment.
- One of the parents is permanently disabled reducing his or her earning ability.
- The obligor is institutionalized and cannot pay support for the duration of the child’s minority, and no income or assets are available to the parent which could be levied or attached for support.
- One of the parents is incarcerated for more than 180 days.
- One of the parents has experienced a thirty percent decrease, which is beyond the parent’s control, or a thirty percent 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 child support order is not in compliance with the Ohio Child Support Guidelines due to the termination of the support obligation for a child of the existing support order.
- There are children by the same parent in two or more administrative child support orders and the requesting party wishes to combine the orders into a single administrative child support order.
- The requesting party wants access available or improved health care coverage that is available for the child.
- One of the parents has experienced an increase or decrease in the cost of ordered health care coverage or child care for the child which is expected to result in a change of more than ten percent to the child support obligation based on the current Child Support Guidelines calculation.
- The health care coverage that is currently being provided in accordance with the child support order is no longer reasonable in cost and/or accessible.
- The requesting party is the obligor and asserts their annual gross income is now below 150% of the federal poverty level and should not be ordered to pay cash medical support, issued prior to March 28, 2019 (The federal poverty guidelines can be found at http://www.aspe.hhs.gov/poverty)
- The requesting party is the obligor and is a member of the uniformed services who has been called to active service for a period of more than thirty (30) days. Requesting party must provide a military Power of Attorney to permit a designated person to act on their behalf in the administrative review, if applicable.
- A temporary adjustment order was issued, the obligor’s term of active military service has ended, and the obligor has provided the CSEA written documentation sufficient to establish that the obligor’s employer has violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C 4301 to 4333.
If a request for a review is made prior to the 36 month timeframe and the Warren County CSEA does not receive sufficient evidence supporting the request, the CSEA may deny the request.
The Warren County CSEA has 15 days from the date that we receive the request to respond. When members of the Uniform Services request a temporary adjustment as a result of being called to active duty the CSEA has 3 business days to respond. The CSEA will send notification of the date of the scheduled desk review or a denial notice if the case does not meet the above listed criteria and it has not been 36 months since the last modification. Each party will be given 30 days to submit the necessary documentation to complete the review. Upon completion the caseworker will send to both parties the Administrative Recommendation. A modification can take anywhere from 60-180 days to complete depending on the circumstances of the case.
No, the Administrative Review is a desk review and does not require your presence.
No, please send copies of all requested documents. The CSEA scans/images all documents and destroys all original documents: your originals may be shredded.
The investigator will send a subpoena to the non requesting party with a specific date for them to submit the documentation. If the non requesting party still does not provide the CSEA with the documentation, the case will be referred to our legal team and will be set for a court hearing.
Each party has a right to object to the Administrative Recommendation and must submit their objection in writing within 14 days of the issuance date of the recommendation. Your case will be scheduled for an Administrative Hearing or may be referred directly to court depending on the circumstances.
Each party will be given an opportunity to testify to each item on the Guidelines Worksheet. Each party should bring all documentation that they submitted to the caseworker for the desk review and should bring any new evidence that may be relevant to the case. The Administrative Hearing Officer will listen to all testimony and re-review all of the documentation before making a decision. An Administrative Hearing Decision will then be sent to both parties.
Upon receipt of the Administrative Hearing Decision if you do not agree you may submit an objection within 14 days of the issuance date. Your case will then be set for a court hearing.
The Modification is complete when the final order has been filed with the appropriate court. What if I have an Interstate Case (court order from another state)? Please see the Frequently Asked Questions for Interstate Action.