Life doesn’t stand still after a child support order is in place, and job changes, promotions, layoffs, or unexpected financial challenges can change a parent’s ability to pay – or need for – child support. If your income has changed, you may be wondering whether your child support obligation in Ohio can be modified.
Short answer: Yes, but only in specific legal circumstances. Understanding how Ohio handles modifications in child support will help you navigate the proper steps and avoid costly mistakes. Read on to find out if child support can be changed if your income changes.
When Can Child Support Be Modified in Ohio?
Ohio law allows for the modification of child support orders upon proof of substantial change in circumstances. One of the most common reasons parents seek a modification is because of a change in income.
Examples of qualifying income changes may include, but are not limited to:
- Job loss or an involuntary reduction of hours.
- Increase in income because of a better job or promotion.
- Long-term disability or serious medical issues.
- Changes in employment benefits or overtime opportunities.
Importantly, not every modification in income automatically leads to a modification. The court will examine whether the change is real and ongoing – not temporary or voluntary.
The 10% Rule in Ohio Child Support Cases
Ohio law follows a specific guideline when granting a modification of a child support order. If support is recalculated in accordance with the Ohio Child Support Guidelines and results in a new amount that is more than 10% higher or lower than the existing order, the change is considered substantial enough to justify modification.
This recalculation considers:
- The current gross income of each parent.
- Health insurance expenses for the child.
- Childcare expenses.
- Number of children and parenting time.
If the change meets the 10% threshold, the court may approve a modified support order unless doing so would be unjust or if it’s not in the child’s best interest.
Voluntary vs. Involuntary Income Changes
The courts will closely scrutinize the reason for the change in your income.
- Involuntary changes, for example layoffs, company closures, or medical issues, will more likely support a modification request.
- Voluntary changes, for example terminating employment at will, reductions of hours without good cause, or accepting a lower-paying position intentionally, do not necessarily justify a reduction in child support.
In some cases, the court may “impute” income. That means it assumes you are capable of earning more, and calculates support based on earning potential rather than actual income.
How to Request a Child Support Modification
You cannot modify child support by simply agreeing with the other parent or by paying a different amount informally. Only a court-approved modification is legally valid.
Typically, the process will involve:
- Filing a request for modification with the court, or in some instances, the Child Support Enforcement Agency (CSEA).
- Providing updated income documentation.
- Attending a review or hearing.
- Receiving a new court order, if modification is approved.
Remember: child support does not retroactively change to the date your income changed. It usually becomes effective only after the modification request is filed. A delay in action may lead to arrears that are difficult to undo.
What If My Income Increases?
If your income has increased significantly, the other parent may apply for a modification to increase child support. The CSEA can also seek a modification. Ohio law focuses on support that reflects the realities of current financial situations and meets the needs of the child.
Failure to report a change in income can result in:
- Increased arrears.
- Penalties imposed by the court.
- Wage garnishment and other enforcement actions.
Transparency and timely action are crucial.
Why Legal Guidance is Important
Modification of child support involves complex financial calculations and legal standards. Mistakes or incomplete information can delay the process or result in unfavorable outcomes.
An experienced family law attorney is able to:
- Assess whether your income change meets the relevant legal requirements.
- Ensure accurate guideline calculations.
- Advocate for a fair decision.
- Help protect you from unnecessary arrears or from any enforcement actions.
Get Help From the Law Office of David Shook
Experiencing a change in income and wondering whether your child support order should be modified is a difficult process to navigate alone.
Let the Law Office of David Shook help you through this. We work with parents across Ohio to navigate child support modifications efficiently and effectively.
Contact our office today to discuss your situation and discover more about your options under Ohio law.