Child Support Enforcement

The mission of Hancock County CSEA, is to operate a program for support enforcement in Hancock County that complies with both federal and state law and to provide all services relative thereto, in a courteous, professional manner.

Modification of Child Support

 

Questions

1. When and why should I ask for a modification?

2. How soon will I know if my request has been approved?

3. Do I need to be present for the Administrative Review?

4. Do I need to send original documents?

5. What happens if the non requesting party does not send in their documentation for the Administrative Review?

6. What if I do not agree with the Administrative Recommendation?

7. What should I bring to the Administrative Hearing?

8. What if I do not agree with the Administrative Hearing Decision?

9. How do I know when the Modification is complete?

 

Answers

1.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:

    • 1) 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 requesting party must provide to the CSEA relevant evidence or information supporting an allegation of the change in the obligor’s employment status.
    • 2) You or the other party are unemployed or laid off, the unemployment or lay off is beyond the party’s control, and the unemployment or lay off has continued uninterrupted for thirty consecutive days. The party requesting the administrative review must provide to the CSEA relevant evidence of the unemployment or layoff, including the unemployment or lay off 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 under this section.
    • 3) You or the other party are unemployed due to a plant closing or mass layoff as defined in the Worker Adjustment and Retraining Notification Act (WARN), 26 U.S.C 2101 et seq. The administrative review request may only be made after the worker’s last day of employment. 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.
    • 4) You or the other party are permanently disabled reducing his or her earnings 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.
    • 5) You or the other party are institutionalized or incarcerated and cannot pay support for the duration of the child’s minority and no income or assets are available to the party which could be levied or attached for support. The requestor must provide evidence of the institution or incarceration and the inability to pay support during the child’s minority.
    • 6) You or the other party have experienced a thirty percent decrease, which is beyond the party’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 party requesting the administrative review must provide to the CSEA relevant evidence or information supporting an allegation of a change in status.
    • 7) The order is not in compliance with the guidelines due to the termination of support obligation for a child of the existing support order.
    • 8) The other party and I have a child in common and I want to add that child to an existing administrative child support order or I want to consolidate two or more administrative child support orders for children I have in common with the other party.
    • 9) I want to access available or improved private health insurance coverage that is available for the child. The requesting party must provide to the CSEA relevant evidence or information supporting the allegation that access to new or improved private health insurance is available.
    • 10) You or the other party have 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 of the child support obligation based on the current Child Support Guidelines calculation. The requesting party must provide to the CSEA relevant evidence or information supporting an allegation of an increase or decrease in the cost of private health insurance or child care. 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 a family plan and the cost of an individual plan.
    • 11) 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. The requesting party must provide to the CSEA relevant evidence or information supporting an allegation that the private health insurance is no longer reasonable in cost and/or accessible.
    • 12) I am the obligor and I assert that my annual income is below 150% of the federal poverty level and I should not be ordered to pay cash medial support (the federal poverty guidelines can be found at http://www.aspe.hhs.gov/poverty or by contacting the CSEA). The obligor must provide to the CSEA relevant evidence or information supporting an allegation that his or her annual gross income is below 150% of the federal poverty guideline.
    • 13) You are the obligor and a member of the uniformed services who has been called to active service for a period more than thirty (30) days.
    • 14) A temporary adjustment order pursuant to 5101:12-60-05.2 of the Ohio Administrative Code 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 Hancock County CSEA does not receive sufficient evidence supporting the request, the CSEA may deny the request.

2. The Hancock 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 45 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.

3. No, the Administrative Review is a desk review and does not require your presence.

4. Please return the original Affidavit; however, you may provide copies of supporting documents.

5. The CSEA may be able to obtain income information from governmental data bases so that a fair determination can be made.

6. Each party has a right to object to the Administrative Recommendation from the Case Manager by submitting their objection in writing to their Case Manager within 14 days of  receiving the recommendation.

     NOTE:  If there is a deviation in the present child support order, the person who wishes to object may ask that it be sent directly to Court. If so, then the objection must be filed with the Clerk of Courts of the court which has jurisdiction over the case.

7. Each party will be given an opportunity to testify to each item on the Child Support Worksheet. Bring any additional information you wish to present to the Hearing Officer.  All documents previously submitted will be available also.  The Hearing Officer will review all of the evidence and issue a decision, which will be sent to both parties.

8. If any party has an objection to the Administrative Hearing Decision, that objection must also be filed with the Clerk of Courts of the court which has jurisdiction over of the case.  You will be notified of the court hearing date.

9. 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.

Please see additional information under OCDA Fact Sheets.