Life is full of unexpected changes. When it comes to changes in income or living situations, that can affect court orders. What do you do when you need to modify child support and custody orders in Ohio?
In the Buckeye State, there are a few factors that determine when and how to seek changes. Let’s consider everything you want to know about modifying these orders.
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When Can You Request a Change?
When it comes time to modify a custody or support order, there needs to be substantial changes. For many parents, they may have seen a reduction in their income or need to move to another location. Sometimes, even changes in the child’s health or needs can be a factor for a change. Those events can all prompt a modification request before the courts.
Unfortunately, parental fitness can even play a role in these modifications, especially in custody agreements. If one parent is deemed unfit, then the other can petition the court to change the terms of custody.
However, the court will not take your word for the change; you will need to provide supporting evidence for the claims. Paystubs, a new lease agreement, or any other documentation can help to satisfy your modification request. During the hearing, the judge will also analyze the factors to determine if these changes are in the child’s best interests.
Child Support Changes
If you want to change your child support, you have two options available to you. In some cases, you can request a review from the Child Support Enforcement Agency (CSEA). You can get an administrative review if there are specific changes in your situation.
However, you will need to fill out the JFS 01849 form, “Request for an Administrative Review of the Child Support Order,” and submit it to your CSEA. Your caseworker will approve or deny this request. The review process looks for any changes in your income, the child’s needs, or other factors that might impact your child support payments.
Filing a motion in court is another option. With this, you will need to pay a filing fee and complete court-required affidavits with your motion. If both parents agree on the modification, you will need to submit your written agreement to the court for approval.
Custody Modification
If you wish to modify a custody order, you will need to go through the court. This process can take anywhere from three months to two years, depending on your situation. In the best-case scenarios, both parents agree to the changes.
With that, the requesting party can file a motion to modify the previous order. They will need to pay a filing fee and send all the mandated affidavits to the court. The request can completely replace the prior agreement or modify specific provisions in these cases. Once that is done, there will be a court hearing where the judge either accepts or denies the request.
However, if the other parent doesn’t agree, then it can get a little more complicated. In these cases, it could be a long and complex process that requires both parties to attend hearings before a judge.
In the state of Ohio, the courts want both sides to reach an agreement on their own. However, that is not always the case, and the courts will need to step in to settle any disagreement about the modification.
Discover When and How to Seek Changes in Ohio
If you need to make any changes, you should consult with a qualified family law lawyer. Modifying child support and custody orders can be complicated, no matter your situation.
If you have any questions, the team at Axelrod Law Office in Lake County, OH, is ready to help. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.