Lost your Job? Need Your Child Support Lowered? Here’s what you need to know.

It’s no secret that the U.S. and Ohio economies are struggling and that people are losing their jobs.  Your child support order was based on your income at the time it was entered, so what happens when you suddenly find yourself unemployed, facing a factory or plant shut-down, or with a reduction in pay?

1.  Unemployment – If you find yourself laid off or unemployed, beyond your own control, then you may request an Administrative Review of your child support order.  Your unemployment must continue for at least thirty days, then you may file a Request for an Administrative Review of the Child Support Order with your Child Support Enforcement Agency (CSEA).  Along with the Request form, you must submit relevant evidence of your change of circumstances, including any evidence that the unemployment was beyond your control, to your CSEA.

In Franklin County, once your Request has been received by the Child Support Enforcement Agency, packets will be mailed out to both parents.  These packets are to be completed within 45 days with the current employment information, salary, etc for each parent.  The actual review will be conducted by your Support Officer without the parents present.  The recommendation will be mailed out and the parents will have 14 days to file an objection.  If no objection is filed, then the recommendation will be adopted and your support order will be adjusted. If an objection is filed by either parent, the Child Support Enforcement Agency will schedule an Administrative Hearing.  The parents will have an opportunity to present their case for or against a modification during the Hearing.  A written Administrative Hearing decision will be mailed to the parents and they will have another 14 days to appeal the Hearing decision.  If an appeal is filed, then the issue of child support modification will be transferred to the Court and the Child Support Enforcement Agency will no longer be part of the process.

You can find the Franklin County Child Support Enforcement Agency’s Request for an Administrative Review at the following link: http://www.franklincountyohio.gov/commissioners/csea/pdf/administrative-adjustment-request.pdf

A helpful FAQ can be found on the Franklin County Child Support Enforcement Agency’s website: http://www.franklincountyohio.gov/commissioners/csea/requesting_admin_adjust_review_faq.cfm

2.  Factory or Plant Shut-Down – If you find that you are unemployed after a shutdown or mass layoff at your factory or plant, you may be able to file a Request for an Administrative Review of your child support obligation.  This type of Request for an Administrative Review may be made after your last day of employment.  You must also be able to provide a copy of the notice of the mass-layoff or shutdown to the Child Support Enforcement Agency.

The process for an administrative review of your child support order under these circumstances will be the same as the process detailed in the previous section.

You can find the Franklin County Child Support Enforcement Agency’s Request for an Administrative Review at the following link: http://www.franklincountyohio.gov/commissioners/csea/pdf/administrative-adjustment-request.pdf

The Child Support Enforcement Agency will refer to the Worker Retraining and Adjustment Act to determine the definitions of mass-layoff and shutdowns.  More information on the Worker Retraining and Adjustment Act can be found at: http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$xa$busc29.wais&start=4517690&SIZE=5034&TYPE=TEXT

3.  Reduction in Pay -  If you find that your pay has been reduced by 30% or more, you may be able to file a Request for an Administrative Review or your child support obligation.  This type of request for an Administrative Review requires that your gross income has been reduced by 30% or more, the reduction was beyond your control, that the decrease in gross income has existed for at least six months, and that the decrease is expected to continue for an extended period of time.

The process for an administrative review of your child support order under these circumstances will be the same as the process detailed in the previous section.

You can find the Franklin County Child Support Enforcement Agency’s Request for an Administrative Review at the following link: http://www.franklincountyohio.gov/commissioners/csea/pdf/administrative-adjustment-request.pdf