| Who can request an administrative
adjustment review of a child support order? |
Any CSEA client may request that their case be reviewed for adjustment
in the amount of the child support obligation. However, in order to be
eligible for this review, you must be enrolled for Title IV-D services
and your support order must be at least three years old. If your last
support order is less than three years old, we can only perform a review
of your case if one of the following criteria has been met (appropriate
documentation will be required):
- If the existing order established a minimum or reduced amount of support due to the unemployment or underemployment of one of the parties, and that party is no longer unemployed or underemployed.
- If either party to the order has become unemployed or been laid off, the unemployment or lay off is beyond the party’s control, and the unemployment or lay off has continued uninterrupted for 30 consecutive days.
- If either party has become unemployed due to a plant closing or mass lay off as defined in the Worker Adjustment and Retraining Notification Act (WARN).
- If either party has become permanently disabled, reducing his or her earning ability. The CSEA will require medical documentation of the disabling condition.
- If either party has been 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 attached for support.
- If either party has experienced a 30% decrease beyond the party’s control, or a 30% increase in income or assets for a period of at least six months and which can reasonably be expected to continue.
- If the order is not in compliance with the Ohio guidelines due to the termination of the support obligation for a child of the existing order.
- If there is an administrative order over which the court has not taken jurisdiction, to consolidate children of the same parents for whom a duty of support has been established into a single administrative order in compliance with the guidelines.
- If either party requests access to available or improved health insurance coverage for the child.
- If either party has experienced an increase or decrease in the cost of child care or ordered health insurance coverage, if the resulting calculation changed the existing support obligation by more than 10%.
- If the obligor is a member of the uniformed services and is called to active military service for a period of more than 30 days.
- If an obligor who received a temporary support order adjustment has notified the CSEA that the obligor’s term of active military service has ended, and the obligor has provided written documentation sufficient to establish that the obligor’s employer has violated the Uniformed Services Employment and Reemployment Rights Act.
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What specific situations
would make my case ineligible for a review?
|
Any of the following circumstances would make a case ineligible for review:
- We will not proceed with an administrative review of a case if
the issue of modifying the support amount is currently pending before
the court.
- In non IV-D cases when the requestor refuses to sign the
required IV-D application.
- When the location of the obligor is unknown.
- In cases where the underlying order is not a Franklin County
order. In these cases, however, we will assist you by forwarding
your request to the appropriate agency.
|
How do I go about initiating
an adjustment review?
|
In most situations, administrative adjustment reviews are initiated upon
the request of either party to the case. |
Which party does the agency
represent during the administrative adjustment
review process?
|
The support officer conducting the review neither represents nor advocates
on behalf of either party. The support officer's job during this review
is simply to recalculate the support amount in accordance with the State's
current child support guidelines. It is also important to note here that
the support officer conducting the review does not have the authority
to deviate from Ohio's child support guidelines. If you are requesting
a deviation from the guidelines, such a matter would have to be handled
in court with representation through private counsel. |
What are the possible outcomes
of the adjustment review process?
|
There are three possible outcomes to the adjustment review process. Your
child support order may either increase, decrease or remain the same.
Your CSEA support officer will not be able to determine what the outcome
of this process will be without first having in hand the required financial
information from both parties. Results of the adjustment review process
will not be given out over the telephone to anyone. Both parties to the
case will receive written notification of the outcome of this process
by mail. |
Can I stop the process once
I've requested an adjustment review?
|
Any requested review can be stopped
prior to its scheduled review date by submitting a
written request. Once the case is reviewed, however,
the CSEA has no choice but to issue its recommendation. |
Do I need to
be present at the review? |
No. The review is not conducted in the
presence of either party. This is actually an independent
desk review performed by your CSEA support officer
in the most objective manner possible. |
What happens
once an adjustment review is initiated? |
The following chain of events is set in motion upon initiation of an adjustment
review:
- Both parties to the case will receive a packet in the mail informing
them of the review date. They will be given 45 days to return their
completed packets to the CSEA.
- If either of the parties fail to provide the requested information,
the CSEA can subpoena an employer for wage verification or
exercise its option to make a reasonable assumption as to that
party's income. The agency can deny the administrative adjustment
review request if the requesting party does not provide all
required documentation.
Judicial Orders:
- Once the review has been completed, the CSEA's recommendation is
filed with the court and sent out to each party. If you disagree
with our findings, you will have 14 days to object to our recommendation.
If we receive no objections from either party, an entry will be filed
with the court and your support order will be adjusted.
- Along with the new entry, the CSEA will prepare a notice
to the income provider to have the adjusted amount withheld
from the obligor's pay, if appropriate. The obligee can expect
to see the adjusted amount reflected in his/her child support
check approximately four weeks from the filing date on the
entry.
- If we do, however, receive an objection to our recommendation
within the 14-day period, we will schedule an administrative
hearing on your case. Both parties will be notified by mail
of this hearing date.
- Following this administrative hearing, the parties will have
14 days (from the date of the written hearing decision) to
request a court hearing should either party decide to appeal
our hearing decision.
- If either party requests a court hearing, the agency file
will be forwarded to the court so that a trial date can be
set. At this point, the CSEA is out of the picture. Settlement
will be obtained in court.
Administrative Orders:
- Once the administrative adjustment review has been completed, the
agency will forward a copy of its recommendation to both parties
via first class mail. If you disagree with our findings, you will
have 30 days to object to our recommendation and request an administrative
hearing. If we receive no objection from either party, then the recommendation
will become the new order.
No additional documentation will follow.
- If an administrative hearing is conducted, the parties will
have 14 days (from the date of the written hearing decision)
to request a court hearing.
- If either party requests a court hearing, the agency file
will be forwarded to the court so that a trial date can be
set. At this point, the CSEA is out of the picture. Settlement
will be obtained in court.
|
Can I request
an administrative adjustment review in order to modify
my alimony/spousal support order? |
The agency has no authority to modify
a spousal support order, nor can the agency conduct
an administrative adjustment review in order to effect
a modification of the payment amount on an "arrears
only" case. |