Modification of Divorce Decree, Fairborn Ohio

by Oct 30, 2023Divorce0 comments

Modification of Divorce Decree in Fairborn, Ohio

Are you looking to change your divorce agreement? After your Ohio divorce is finalized, there may be certain orders that can be modified to better suit your changing circumstances. Modifying a prior divorce decree is usually a complex process, and it’s not a decision to make lightly. Whether you need to modify spousal support, child custody, or child support, understanding the process and requirements for divorce modification is crucial. The family law attorneys Kirkland & Sommers can guide you through the process and help you achieve the modifications you need.

What Orders Can I Modify After My Divorce Is Finalized?

When it comes to modifying your divorce decree in Ohio, there are several orders that can potentially be modified. The most common orders we see modified are the child custody agreement, child support payments, and spousal support. Property and asset division are almost always final, except in very rare and unusual circumstances.

The one requirement that all of these modifications have in common is that you must be able to demonstrate that your situation has substantially changed since the prior decree was finalized.

Modification of Spousal Support

As long as the court retained the explicit ability to modify spousal support, the spousal support order can be modified if there has been a substantial change in circumstances. Whether you are seeking to increase or decrease the amount of spousal support, our attorneys can help you navigate the legal process.

The following scenarios will result in automatic termination of spousal support:

  • the remarriage of the person receiving spousal support;
  • the death of either party; or
  • when the spousal support term has ended.

If the court retained the ability to modify spousal support, there are two times when modification might be appropriate:

  1. If the person receiving alimony payments cohabitates with an unrelated person with whom they are in a marriage-like relationship (romantically involved and sharing expenses); and
  2. If there has been a significant change in circumstances that was not considered at the time of the original spousal support award. Changes in circumstances usually involve a change in income, such as retirement or an unexpected increase or decrease in one or both of the parties’ incomes.

Requesting a Modification to a Spousal Support Order

If you believe that there has been a substantial and continuing change in your financial situation or the financial situation of your ex-partner, you can request a modification to the spousal support order. Our attorneys will assist you in gathering the necessary documentation and presenting a strong case for modification,

The length of time since the final divorce decree was filed is also important. Most courts won’t consider a divorce decree modification if the prior decree is less than 6 months old. In these situations, you are better off appealing than requesting a modification.

When Does Child Custody Require Modification?

Child custody may require modification if there has been a significant change in the best interests of the child or if a shared parenting plan is no longer in the best interest of the child. Events such as remarriage, relocation, or a change in the child’s needs may also warrant a child custody modification. Our attorneys can help you determine if your situation meets the requirements for custody modification and guide you through the process.

How to Request Child Custody Modifications in Ohio

If you need to modify your child custody agreement, there are specific circumstances under which these modifications can be requested. Understanding these circumstances and following the correct legal procedures is essential to successfully modify your divorce decree. Child custody agreements such as shared parenting plans or visitation schedules can also be modified given the right circumstances. Your family law attorney will help you through the process of filing the request to modify.

When Can I Petition for a Child Support Modification?

In Ohio, a parent can petition for a child support modification every three years, or sooner if there’s a considerable change in either parent’s income, the child’s living arrangements, or the child’s needs. Our attorneys can assist you in preparing a strong case for modification and advocating for your rights as a parent.

Child support can also be modified if there is a custody modification, such as a change to the shared parenting plan, custody, or parenting time is modified. It can also be modified if there is a significant change in the parties’ income. If child support is recalculated and the difference is 10% more or less than the existing child support, the support amount will be changed.

Who Can File for a Modification of a Divorce Decree?

Generally, any party involved in the original divorce agreement can file for a modification. However, before the court grants a decree modification, the petitioner must establish that exceptional changes in circumstances have occurred since the original order was established. If you can successfully demonstrate that, you can request a modification.

What Kirkland & Sommers Can Do for You

Divorce agreement modifications can be complicated, especially when they revolve around sensitive areas like child custody, spousal support, and child support payment. But with the right family law attorney on your side, you can navigate these waters with confidence. Our law office can assist you with drawing up a new child custody agreement, shared parenting plan, and other child support and custody-related matters.

Request A Free Consultation

If you are looking to modify your divorce decree, contact the law firm of Kirkland & Sommers today. We are committed to helping you navigate the legal process and achieve the modifications you need for your new circumstances. Don’t hesitate to reach out to us… the initial consultation is always free!