Either party to a child support case can request a review of their child support and/or medical support order. The requesting party must complete a Request for an Administrative Review of the Support Order.
Circumstances that make a case eligible for review:
- It has been 3 years or 36 months since the date of the most recent support order
- If it has not been 3 years, certain circumstances may allow a review.
These include the following:
- 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.
- The requesting party or other party to the case is 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 that 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 a seasonal lay off, then the party does not meet the criteria for an administrative review under this section.
- Either party is unemployed due to a plant closing or mass layoff as defined in the Worker Adjustment and Retraining Notification Act (WARN), 29 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.
- Either party 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.
- Either party is 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 institutionalization or incarceration and the inability to pay support during the child's minority.
- Either party has 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.
- The order is not in compliance with the guidelines due to the termination of the support obligation for a child of the existing support order.
- In administrative support order(s) over which a court has not taken jurisdiction, to consolidate children of the same parents for whom paternity has been established into a single administrative support order that is in compliance with the Ohio Child Support Guidelines.
- Access to available or improved health insurance coverage for the child. The requesting party must provide the CSEA relevant evidence or information supporting the allegation that access to new or improved health insurance is available.
- Either party has experienced an increase or decrease in the cost of ordered health insurance coverage or child care for the child which is expected to result in a change of more than 10 percent to 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 health insurance or child care.
- The obligor is a member of the uniformed services who has been called to active service for a period of more than thirty (30) days. An attached military Power of Attorney to permit a designated person to act on my behalf in the administrative review is attached.
- A temporary adjustment order pursuant to rule 5101:12-60-05.2 of the Ohio Administrative Code was issued, the obligor's term of active military service has ended, 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.
For all Administrative Modifications, the child support obligation is calculated by using the Ohio Child Support Guidelines as established by the Ohio Legislature. The CSEA can only take into consideration the incomes of both parents, the number of children, day care expenses and health insurance premium costs for the children in the case. To review the Ohio Child Support Guidelines, you may visit the Ohio Revised Code (Chapter 31).