Proper parental arrangements are critical to maintaining a balance for a child after divorce or separation. As circumstances change, parents may seek modifications to the agreement.
In order for modification requests to be successful, it is important to follow the procedure correctly. There are a few key aspects to be aware of in regard to child support modifications in Ohio.
In most cases, the courts will not consider a modification to a child support agreement until the agreement is in place for at least 36 months. However, there are a few instances where the court will consider an emergency modification, including the following:
- Permanent disability
- Incarceration or institutionalization
- Unemployment for over 30 days
There are a few other instances that the courts might approve, but the number is limited. Those seeking emergency modifications may find an attorney to be very helpful in the process.
In some cases where the support agreement has been in place for more than 36 months and situations change, the courts may consider a modification. Though it does not have to be an emergency situation necessarily, the situation should be drastic in its effects to warrant a change, especially in cases where parents are requesting to decrease the amount of support. Significant changes in a parent's financial status, or a change in a child's needs, are good examples of modification reasons the courts may approve.
The courts determine the support recalculation in accordance with the law. In short, the court compares the previous and current financial status of both parents, and if there is at least a 10 percent difference, the court will consider a modification. Therefore, the right financial documentation is critical in modification proceedings. If the court grants a modification, the new rate goes into place at the beginning of the next month.
These are a few key facts to understand about child support modifications; however, the process is very detailed. For those considering seeking a modification, it may be beneficial to review the laws and seek assistance from a professional.