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Things to know about a child support modification

The proper care and provision of a child is a big concern of the courts. For this reason, they take child support modifications very seriously.

If you or your ex-partner seek a modification in the set child support agreement, it is important to understand all of the aspects of the process. There are a few key things you should know about child support modifications in Ohio.

Grounds

Judges do not award modifications lightly but will do so when the situation truly warrants it. There are certain instances where the courts may consider modifications. Some of the most common instances include a change in the child's needs or a shift in one of the parent's financial standing. These are just a few of the most common occurrences. In most cases, the order must be in place for at least 36 months since its instatement or since the last modification before the court will consider a change.

Emergencies

Life happens, and sometimes an immediate shift is necessary. There are a few emergency situations where the courts will grant modifications to an agreement before the 36-month term, such as:

  • Unemployment for more than 30 days
  • Permanent disability
  • Institutionalization or incarceration

There are other possible cases where the courts may approve an emergency modification. In these instances, the courts may reduce or suspend the payment requirements.

Calculations

In accordance with the Ohio modification laws, the courts calculate the new rate utilizing the current financial state of both parties and compare the new rate to the existing rate. If there is at least a 10 percent difference between the two rates, the courts will consider making the modification. The new rate goes into effect the beginning of the month after the court grants the modification.

These are just a few key facts about the modification process. If you are considering filing for a modification or facing a modification request, make sure you understand your rights and obligations. If you have further questions, it may be beneficial to consult with a knowledgeable attorney.

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Douglas A. Ball, Attorney at Law
233 East Main Street, Suite 3
Batavia, OH 45103

Phone: 513-286-3530
Phone: 513-520-4740
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