Modifications of Child Support or Child Custody

Under Ohio state law, child custody and child support orders can be modified.

Child Custody: When one party has sole legal custody there must be a substantial change in circumstance with the legal custodian’s living situation or conduct before the court would consider modifying the existing child custody arrangement in the best interest of the child. Whereas, in a shared parenting situation, the Court must only find that a change in the shared parenting arrangement would be in the child’s best interest.

  • A parent’s medical problem or disability.
  • A special need on the part of the child, such as an education or a medical problem.
  • A parent’s addiction to alcohol or drugs.
  • A parent’s failure to exercise parenting time with the child.
  • A parent’s failure to pay child support.
  • A developmental change in the child that indicates a need to change the custody and parenting time/visitation arrangements.
  • A parent’s relocation out of the geographic area.

Child Support

The Court may modify child support should it find a significant change affecting a party’s ability to provide financially for the support of the children. However, voluntary unemployment or underemployment, usually do not constitute a significant change warranting a child support modification.

The following scenarios are often deemed a change in circumstances:

  • An increase or decrease of one parent’s income resulting in a decrease or increase of at least 10% in the amount of the monthly child support obligation.
  • A parent’s medical problem or disability.
  • A special need on the part of the child, such as an education or a medical problem.

All of the above scenarios can be considered by the court in conjunction with the specific provisions set-forth in divorce or child custody or support order.