The Review and Adjustment process, also known as the Modification process, is the method by which the child support obligation is reviewed to reflect the most current and accurate financial situation of both parties.
The Review and Adjustment process can take several months to complete from the initial request to final order.
Qualifying Reasons for a Review & Adjustment:
Cases can be reviewed provided thirty-six (36) months have elapsed since the establishment of the order or since the last modification review. A case may be eligible for a Review & Adjustment prior to thirty-six (36) months if any of the following circumstances occur:
- The existing order established a minimum or a reduced amount of support based on the Child Support Guidelines due to the unemployment or underemployment of the obligor and the obligor is no longer unemployed or underemployed.
- The other parent is unemployed or laid off beyond the parent's control for thirty consecutive days. This does not include season employment.
- The other parent is unemployed or laid off due to a plant closing or mass lay off as defined in the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. §2101 et seq. The administrative review request may only be made after the worker's last day of employment.
- The other parent is permanently disabled reducing his or her earning ability. The requestor must provide to the CSEA verification of receipt of benefits administered by the Social Security Administration due to the disability and/or a physician's complete diagnosis and permanent disability determination.
- The other parent is institutionalized or incarcerated and cannot pay support for the duration of the child's minority and no income or asses are available to the parent which could be levied or attached for support. The requestor must provide evidence of the institutionalization or incarceration and the inability to pay support during the child's minority.
- The other parent has experienced a thirty percent decrease, which is beyond the parent's control, or a thirty per cent 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 administrative review must provide to the CSEA relevant evidence or information supporting an allegation of a change in status.
- 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.
- I have children by the same parent in two or more administrative child support orders and want to combine the orders into a single administrative child support order.
- I want to access available or improved private health insurance coverage that is available for the child.
- The other parent has experienced an increase or decrease in the cost of ordered private health insurance 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 requesting party must provide tot he CSEA relevant evidence or information supporting an allegation of an increase or decrease in the cost of private health insurance or child care. Note, if 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 family plan and the cost of an individual plan.
- The private health insurance that is currently being provided in accordance with the child support order is no longer reasonable in cost and/or accessible.
- I am the obligor and I assert that my annual gross income is now below 150% of the federal poverty level and I should not be ordered to pay cash medical support (the federal poverty guidelines can be found at http://www.aspe.hhs.gov/poverty or by contacting the CSEA).
- I am the obligor and I am a member of the uniformed services who has been called to active service for a period of more than thirty (30) days. I have attached a military Power of Attorney to permit a designated person to act on my behalf in the administrative review, if applicable.
- A temporary adjustment order pursuant to OAC rule 5101:12-60-05.2 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.
Results of the Review
CSEA cannot predict the result of your modification. Once a modification is completed CSEA must adjust all records to reflect the results. However, if you do not agree with the results you may object and request a hearing.
The Review and Adjustment process does not permit adjustments of provisions of the order such as tax exemptions, non-court ordered change of custody, responsibilities for the care of the child, or spousal support. Arrearage orders are not subject to the administrative review process.
The CSEA cannot deviate from the guidelines when establishing or modifying an order. If you have variables which the CSEA cannot consider you have the option of objecting to our order. This will result in a Court Hearing being scheduled. The court has the authority to deviate from the Ohio Guidelines and can consider variables that the agency cannot.