Modification of Child Support Orders
Once established, a child support order may be modified. Modifications are prospective in effect and retroactive modifications of support are not possible.
Administrative Modification of Child Support
The CSEA may administratively review and modify, if appropriate, an existing child support order – even one issued by the court.
Generally, an administrative review of child support by the CSEA may be conducted if it has been at least thirty-six (36) months since the most recent order was established or last modified.
Under certain circumstances an administrative review may be requested with less than thirty-six (36) months having passed since the most recent change to the order. However, the person seeking the accelerated administrative review must prove that one of the special exceptions apply.
Full information on administrative review of child support, including instructions, timelines, required documents, the special exceptions for accelerated review, and the necessary forms are available on the CSEA’s web site at www.butlercountycsea.org.
There is no cost for applying for an administrative review through the CSEA.
Judicial Modification of Child Support
Either party to a court-issued or adopted child support order may seek a modification of the order through the filing of a motion to modify with the court. Instructions on how to file a motion to modify child support and the required forms are available under the Court Rules & Forms tab above.
The party seeking the modification has the burden to show that a substantial change in circumstances has occurred since the child support order was issued or last modified.
A substantial change in circumstances exists when the recalculated child support differs from the current child support order by more than 10%, or the current order does not adequately provide for the health care needs of the child/children, or when some unforeseen event occurs that renders the existing child support order no longer appropriate.
Filing a motion to modify with the court may require the advance payment of court costs and filing fees. Contact the Butler County Clerk of Courts at 513-887-3278 or visit the Clerk’s web site at www.butlercountyclerk.org for current information on filing fees.
DISCLAIMER: THIS INFORMATION DOES NOT CONSTITUTE LEGAL ADVICE. It is a general overview for informational purposes only regarding procedure. YOU SHOULD CONSULT AN ATTORNEY FOR LEGAL ADVICE REGARDING ISSUES SPECIFIC TO YOUR CASE.