Child Support Modified And Hearing In Ohio


(Ohio)

My income decreased 30% and I requested a modification to the original support order. The modification was granted and the child support went down. In the original order my ex wife and I agreed that $120 less than what the Ohio CSEA worksheet would have order would be a reasonable amount.


Now that my income has gone down and hers has gone up, she now claims that because we agreed to less in the original order, and the new order went down she can get back support on the original order. In other words she says that she can get $120 of back support from the time the original order to when the new order went into play. Is this true? Can she collect money based on the CSEA worksheet even though we agreed to less at the time when I was making $45000+ and now I am making 30% less?

Comments for Child Support Modified And Hearing In Ohio

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Child Support
by: Child Support America Team Member

Hello JF376,

Lee here.

We emailed you your VIP and fast response info yesterday. As a VIP member your questions will take priority over NON-VIP members. So one of our child support specialists will respond to your post within the next 48 hours.

Take care, and help is on the way....

CSA STAFF

Child Support V.I.P. Question
by: CSA Staff

Hello and thank you for your question.

The first question I would have was it a COURT ORDERED agreement that you both agreed to the $120.00 less than the worksheet? This means a world of difference. If it happened to be just a verbal agreement between the two of you then yes it could possibly be back dated. BUT, if her income has increased, and yours decreased then that could actually lower your payments. Her income and your income will be counted in the calculations. You are correct in requesting a modification.

We see these type of situations all the time. A word of wisdom is ALWAYS get documented proof of agreements between you two. Especially when it is dealing with child support. Even if you get a document notarized. It is better for a judge to document it, but something is better than nothing. Even if you feel like you get along well with your ex. Protect yourself first!


Thanks
CSA Staff

response to response
by: Anonymous

The original agreement did go through the court as part of the divorce agreement and the court approved it. I requested the modification to the order and it was granted. My ex is now requesting a hearing because she doesn't agree with child supports findings, and like I said she is claiming they can ask for the difference between what we agreed upon in the original order (that the court also agreed to) because they have now said the support should go down.

Chikd Support Question
by: CSA Staff


I would say that No that it cannot be backdated. If She Agreed and the court ordered it she may be just trying to intimidate you. She may be concerned because her income has increased and she knows that the amount will be lowered. We wish you well!

Thanks
CSA Staff

response again
by: Anonymous

I know that she is scared because Child support already ruled on and it did gone down by $150 a month, and she is requesting the hearing because she doesn't think it is fair. I just wanted to make sure that she couldn't get any back support like she is claiming. She said there can't be an downward deviation from the orignal order because we already agreed to less that what the original worksheet would have been two and a half years ago(I am not sure where she is getting her information from). So I am hoping the hearing will just keep the ruling the same because I can't pay this overage anymore. Thank you.

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