Spousal support is ordered based on the facts at the time of the divorce or dissolution of marriage. Life moves on and circumstances change, sometimes necessitating a modification of spousal support to reflect the new situation.
Unless support has been terminated, payments must continue until a new spousal support order is in place. To arrange that, you’ll likely need to go back to court and file a motion for a modification.
The spousal support lawyers at Nielsen Miller Law in Columbus can help your petition to the Ohio courts be successful.
Do you need a lawyer to modify spousal support?
If the terms of a spousal support arrangement are outdated, the ex-spouses must usually return to court for a modification. For instance, the payor spouse cannot simply start paying less to the recipient each month or this will violate the terms of the original support order.
If the ex-spouses agree on an amendment to payments, a written agreement can be presented to the court for approval. Often, however, the amendment is contested and the intervention of a judge is required.
Ohio courts only change court orders when valid grounds are presented. That said, spousal support is designed to ensure that both spouses remain financially stable following their divorce so if this is no longer the case, court action may be deemed necessary.
With spousal support, a significant change in the financial position or living status of either spouse can prompt this action. There is no legal requirement to hire a lawyer to facilitate the petition to the court but many people find it simpler and more effective to do so—especially if the modification is contested.
An experienced spousal support modification lawyer can help to:
- Protect your rights
- Prepare your arguments with supporting evidence
- Complete the necessary paperwork
- File the necessary documentation with the court
- Present your case before a judge
- Attend mediation with the other parent, if necessary
What are valid grounds for modifying spousal support in Ohio?
Typically, anyone who wants to modify a spousal support order in Ohio must show evidence to the court of a substantial change in circumstances that makes the existing agreement “no longer reasonable and appropriate.”
These circumstances are outlined under Ohio Revised Code section 3105.18 and may include the following:
- A significant change to one of the party’s employment statuses, such as a promotion, demotion, or termination.
- A significant increase or decrease in wages or salary for either party.
- Significant new medical expenses for either party.
- Unavoidable and significant changes to living expenses for either party.
- New financial information becomes available that was not available at the time the original order was made.
How do you amend spousal support in Ohio?
There are two main options for modifying spousal support in Ohio:
- Voluntary agreement: if both parties agree to modify the alimony terms, a written agreement signed by both parties can be presented to the court for approval.
- Court approval: if the modification is contested, the party requesting the change must petition the court and a judge will evaluate the arguments on both sides.
In the majority of cases, the party adversely affected by a spousal support modification will contest it. Once you establish there are sufficient grounds to request a modification, your lawyer will help you:
- File a motion with the court that issued the original order.
- Pay the required filing fee and send the necessary affidavits to the court.
- Serve the other party with a copy of the motion and supporting documents.
- Attend a court hearing to present your arguments and evidence before a judge (the other party may present evidence to contest the modification).
Unless you present a compelling case for the court’s consideration, it is unlikely that the modification can be approved. An experienced spousal support modification lawyer can help you accomplish this.
Note that the entire process can take anywhere from a few months to over a year, depending on the complexity of the case and the caseload at the courts. Until the case is resolved, the original spousal support order will remain in place.
FAQs
What is classed as a “significant” change of circumstances in Ohio?
Any change of circumstances will be considered “significant” by the Ohio courts if it renders the current order unreasonable and inappropriate.
Can a temporary spousal support order be modified?
Temporary alimony only covers the period from when a divorce is filed until it is finalized. Generally, there is no need to amend this order as any unfairness or change of circumstances will be addressed when the final divorce orders are issued.
How can I show the court that the current spousal support order is unfair?
Unless you can prove that there has been a substantial change in circumstances, the court will presume that the decision made at the time of the original order remains fair and valid. To show that a support order is unfair, you will need to demonstrate a significant change in financial circumstances due to a job loss, promotion, or significant expenses that have been incurred since the initial ruling.
Contact Nielsen Miller Law Today
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your spousal support modification in detail, and to learn how our experience and resources can work for you.