Q: Can OCSS request a child support modification without a motion initiated by the CP or NCP?
I received a letter in the mail today from OCSS informing me of a hearing to modify child support.
I called the custodial parent and she seemed as shocked as I was when she checked her mail. She claims that she did not file any motion and that she did not believe a modification was necessary. Then again, I still have to ask...
Can OCSS actually set a hearing for modification without either party requesting a modification?
Thank you!
A:
It sounds like that is what has happened, so yes, it can happen. My experience is this sometimes happens when the other parent is receiving some type of state benefits.
I have also seen more than a few cases where the other parent denies requesting the modification, only to later learn they had in fact asked for a modification.
Hire an attorney and it may be possible that the attorney could convince the state not to pursue the motion to modify if the other parent is in agreement. Worst case, the attorney will at least be able to make sure support is calculated correctly so you don't get stuck paying too much.
Best of luck!
1 user found this answer helpful
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