Once every 36 months or when a substantial change in circumstances has occurred, either party may request a modification of the order. The CSEA is responsible for obtaining income information from both parties, determining the new order based on state guidelines, offering administrative hearings for those parties who do not agree with the new findings, and submitting the modification recommendation to a court for adoption of the recommendation in an order. Expedited service to modify an order is given to military personnel who have overseas assignments, both upon leaving and returning. The Adjustment and Review (modification) process is the method by which the child support order is reviewed to reflect the current financial situation of both parties.
The Adjustment and Review process takes several months to complete, from the initial request to final order. A review does not require the appearance of the parties. It is completed by the Investigator after all verifications are received, and all parties will receive a copy of the modified order.
Reasons to qualify for a Modification Review:
-36 months have elapsed since establishment of the order or most recent review
-Obligor/Obligee employed or more gainfully employed
-Loss of employment for a minimum of 30 consecutive days
-Verified disability of either party
-Institutionalization or incarceration of either party beyond the child's minority age -30% change in gross income of either party
-One or more children emancipated
-To access availability of health insurance
-Change in circumstances of original rebuttal guidelines
-The obligor is departing for active armed service duty or is coming home from service in the armed forces
Possible Results of Modification Review:
Results of a review are submitted by the CSEA to the Court for adoption of the CSEA's recommendations, and if there is a change as a result of the modification, the new amount will commence the first day of the month after the modification was scheduled for review. CSEA cannot predict the result of your modification, and parties take the chance of any of these results occurring:
-No Change - If the current child support amount and modified amount did NOT change by >10%, order remains the same
-Increase in current Child Support
-Decrease in current Child Support
-Termination of review if requested information is not returned by the specified date
Some Social Security benefits (Social Security Disability benefits issued to dependents) may terminate the child support obligation, whereas Supplemental Security Income (SSI) usually is not counted as income. Interstate cases may have different criteria. Please contact your Investigator and advise that one or both parties reside out of state.
If an error has been made in the computation of income or other factor used, either party may object to the modification by requesting a Mistake of Fact Hearing within ten (10) days. A hearing will be scheduled with a CSEA Administrative Hearing Officer. Either party may then object to the Hearing Officer's determination, in which case a hearing will be scheduled with the Court for final determination.
To request a modification, contact the CSEA or mail your request to our office.