Types of Post-Decree Modifications
The most common types of post-decree modifications in Ohio include:
- Child Custody/Support: If there is a disagreement regarding child-related matters, such as child custody, support, parenting time, and health care, the concerned ex-spouse may file a post-judgment motion.
- Spousal Support: Either ex-spouse may file a motion for the Ohio court to modify the type, amount, or duration of alimony or spousal support payments due to a substantial change in circumstances.
- Contempt: If the paying spouse or non-custodial parent is delinquent on alimony or child support payments, the aggrieved spouse can file a contempt action with the court seeking to have the original order enforced and the delinquent ex-spouse held accountable.
Other family law judgments involving tax exemptions and children's health benefits may also be modified.
Child Custody & Support
Under Ohio law, the parent seeking modification of a child custody order or support arrangement must show that:
- There has been a substantial "change of circumstances" to justify the change
- The modification must be in the best interest of the child
- The modification will ultimately cause more good than harm to the child
Furthermore, Ohio law allows either party to file a motion requesting a change in the spousal support order due to a substantial change in circumstances since the existing agreement was established.
Pursuant to Ohio Revised Code Section 3105.18 (F)(1), a change in the circumstances may include, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, medical expenses, or other circumstances as long as the following applies:
- The change in circumstances is substantial and makes the existing award no longer reasonable and appropriate
- The change in circumstances was not taken into account by the parties or the court when the existing spousal support was established or last modified
The Modification Process
When seeking a post-decree modification, the process begins by filing a motion for modification in an Ohio court. Upon filing, a date will be scheduled for a court hearing. At the hearing, you will be allowed to present your case and state concrete reasons while the family law order should be modified.
If your reasons for modification are considered to be legitimate, the presiding judge will make the required changes and issue a court order to reflect the new changes. A knowledgeable attorney can help present your case effectively and increase your chances of obtaining the best possible outcome in your post-decree modification litigation.
Work with Experienced Attorneys
Post-decree modifications — including alimony, child custody, child support, or visitation agreements — can have a substantial impact on your family, children, and future. If you're considering filing a post-judgment motion or if you're seeking modification of an existing family law arrangement, you need to speak with an experienced Ohio family law firm for detailed guidance.
Our team of attorneys is dedicated to offering comprehensive legal guidance and advocacy to clients in post-decree modification matters. As your legal counsel, we can review the circumstances surrounding your situation and guide you through every phase of the modification process from start to finish.
Our attorneys will work diligently with both spouses to negotiate a fair settlement agreement and resolve relationship differences peacefully and productively. We will continue fighting for your rights, your family's best interest, and your future. Having us on your side can improve your chances of reaching a favorable resolution in your post-decree litigation.