Because Ohio child support laws base the amount the non-custodial parent pays on income, when income changes, it makes sense that the child support amount would change accordingly. However, child support will not automatically adjust. When your job changes, you will need to seek modification from the court.
A child support modification can be sought by either parent. If the child support paying parent has a decrease in income, they may petition the court for lower payments, as they may no longer be able to afford their payments. In the case where the non-custodial parent has changed jobs and is earning a substantially higher wage, the custodial parent may seek modification for increased child support. The Child Support Enforcement Agency or a judge will look at the circumstances to see if a change is warranted. The court will always consider the needs of the child first when looking at a child support modification.
If you are requesting a change in child support because of a loss of income, it’s important to act quickly, because Ohio child support laws do not include retroactive orders. Until the modification is finalized, you are responsible for the originally ordered amount. If you are requesting a modification in child support, you must either request a change through the Child Support Enforcement Agency or file a motion with the court that issued the original order. If the parents can agree to a change outside of court, the change must still be put in writing and signed by a judge to be considered valid.
When considering a child support modification in Ohio, the court will look at several points to see if a change is warranted. Some of these reasons for modification are:
While either parent may want a change in child support after a job change, the court will ultimately make the decision as to whether or not the change is warranted. Talking to your attorney about the new circumstances will let you know how to proceed. If your lawyer thinks a modification is appropriate, in Ohio, you may complete a legal form to request an administrative review of the support order. The worker assigned to your case will request income and expenses from both you and your co-parent, which will be put into the state-mandated formula. Ohio child support laws say that a change can only occur every three years unless there is a significant change in income, so discussing this with your attorney is a good first step.
While both parents can discuss changes to child support after a job change, it’s important to remember that any child support agreements need to be signed off by a judge to be considered valid. Because child support will not automatically adjust, both parents will need to keep an eye on their income and expenses to see if changes are needed. If you’re going through a divorce, experiencing challenges with your child support agreement, or have related questions without a trusted divorce attorney you can turn to, please contact my office today.