When Can a Child Support Order be Modified?

Imagine you’ve been making child support payments for years, but now your financial situation has changed - perhaps you’ve lost your job or your child’s needs have grown. You might be wondering if you can adjust your child support order to reflect these new circumstances.

In Cincinnati, modifying a child support order is possible, but there are specific rules and steps you need to follow. At Wagner & Bloch, our experienced child support attorneys are here to help you with these changes and ensure your payments or obligations reflect your current reality.

Understanding Child Support Modifications in Ohio

Child support orders in Ohio are based on several factors, such as the income of both parents, the needs of the child, and any special circumstances. However, life changes - like a job loss, a significant raise, or changes in custody - can warrant a modification of the existing order. Common reasons to modify child support in Ohio include:

• Change in Income: If either parent's income significantly changes (e.g., due to job loss, promotion, or change in work hours), it may justify adjusting child support payments.
• Change in Custody Arrangements: A shift in who has primary custody or other changes in the parenting plan may require an updated child support order.
• Changes in Child’s Needs: Increased medical expenses, special education needs, or other financial requirements can lead to a change in child support.

Legal Process for Modifying Child Support Orders

In Ohio, there are two primary ways to modify child support:

Requesting a Review Through the Child Support Enforcement Agency (CSEA): You can request a review every three years, or sooner if there is a significant change in circumstances, such as an income drop of at least 30% or a job loss lasting more than 30 days​. You will need to provide documentation, such as pay stubs or proof of medical expenses, to support your request. CSEA has specific requirements for initiating a review and submitting documents; an attorney may be helpful in navigating a review request.

Filing a Motion with the Court: If you prefer to go through the court, you can file a motion to modify child support at any time. The court will review the evidence and decide if the change is warranted. Courts assess whether the financial changes are substantial and continuing, requiring clear evidence that the change in income is not just temporary.

Factors Considered by the Court

When determining whether to modify a child support order, the court looks at several key factors:

• Income of Both Parents: The court compares the current income of both parents to the original order and determines if an adjustment is necessary.
• Child’s Needs: Changes in the child’s financial needs, including education, healthcare, or special needs, play a significant role in the court’s decision.
• Custody Arrangements: If custody has shifted, the court will recalculate the support based on who has primary care of the child.
• Validity of the Change: The court will only approve modifications if the reasons for the request, such as financial hardship, are supported by evidence​

What If Both Parents Agree?

If both parents agree to the change, the process can be much simpler. The parents can submit a written agreement to the court for approval, and generally these agreements are accepted. 

Learn More About Your Options From Wagner & Bloch Today

If your financial situation or your child’s needs have changed, you don’t have to try to make child support changes by yourself.

At Wagner & Bloch, we are ready to help you with the modification process and make sure that your child support arrangement reflects your current circumstances. Whether you’re facing a job loss or increased costs for your child, our experienced child support attorneys are here to give you real guidance and advocate for your rights. Contact us today to get started.