Post Decree Modification

Support and Custody Post-Decree Modification Lawyer

How permanent are the terms of your spousal support, child support or child custody decree? When you stood before the judge, the court issued your divorce and custody decree based on the then set of circumstances. Now, after the divorce is final, there has been a new development, a change in circumstances. It is possible that you may change or modify your divorce or custody decree in the future. Generally, when it comes to child support, custody and parenting time, a party may seek a modification of a previous decree or order, so long as there has been a substantial change in the circumstances of the parties affecting the child, and it is in the best interest of the child(ren) to modify the custody order. However, when dealing with spousal support, the court must have retained jurisdiction in the original divorce decree in order for the court to later modify spousal support. As a family law attorney I handle post decree petitions for modification of support and custody orders after divorce. If you would like to find out whether that is an option for you, please contact my Columbus office and arrange a free telephone consultation. I appear in courts throughout Franklin County and other counties in Central Ohio.

Modifications of child support or child custody

Under Ohio state law, child custody and child support issues can be modified in any case where there has been a substantial change in circumstances. The court might view some of the following scenarios as substantial changes 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 child support obligation.
• The development of a medical problem or disability on the part of a parent.
• A special need on the part of the child, such as an education or a medical problem
• A developmental change in the child that indicates a need to change the custody and parenting time/visitation arrangements.
• A custodial parent's relocation out of the area.
• All of the above scenarios can be considered by the court in conjunction with the specific provisions set-forth in divorce or custody order.

Modification of spousal support

When issuing an original decree for spousal support (alimony), the order will expressly state whether the court retained jurisdiction over spousal support for future modification. If the court retained jurisdiction in your case, you may be eligible for post-decree modification of spousal support. Changes warranting a modification of spousal support are usually addressed in the original divorce decree or may result if the spouse receiving spousal support no longer needs continuing support, such as finishing a degree, remarriage or cohabitation with someone not related by blood, the paying spouse has an increase or decrease in income, or either party develops an unforeseen medical problem or disability.

If you would like to speak with me about post-decree modification of child support, child custody or spousal support, please call (614) 461-5708 or e-mail my Columbus, Ohio, office for a free consultation. I accept credit cards, and can meet with clients at out-of-office locations on evenings and weekends. As your attorney, I will see that you have all of the information you need to make good decisions and proceed with confidence.

Dirk D. Winkler, Columbus, Ohio, Post-decree Modification Lawyer