Modification of Spousal Support
After a divorce the court, after considering the circumstances of each party, could decree some sport of support. A party may be required to pay spousal support, alimony, or child support. With all of these factors involved, a former spouse could potentially be responsible for giving up a large portion of his or her income.
After an awarding of spousal support by the Ohio Court of Common Pleas, the circumstances surrounding the lives of the party members may change. Life is not always a constant when handling a divorce case. Luckily for those involved, the state of Ohio has provisions in place for these unanticipated fluctuations.
One ex-spouse may lose their job, or may receive a pay raise since the first spousal support decree. Unless there has been an explicit condition set in place during the first spousal support suit, a participating party member has the right to ask for modification of spousal support.
Modification of Spousal Support in Columbus, Ohio
Are you looking to modify spousal support payments? It is in your interest to contact an experienced family law attorney right away.
Joslyn Law Firm has been practicing family law in the Columbus, Ohio region for years, representing clients who have received or been required to pay for a kind of spousal support.
The attorneys at Joslyn Law Firm know just how important these types of cases are to their clients, and the lasting consequences that these cases can have for those involved. Do not let yourself succumb to an outcome without a fight. Get in contact with the attorneys at Joslyn Law Firm
If you are anywhere in Franklin County, Ohio or in the surrounding counties of Delaware County, Fairfield County, Licking County, Madison County, or Pickaway County; Joslyn Law Firm can hear your case.
Overview for Spousal Support Modifications
Calculating Spousal Support
Spousal support occurs after the completion of a divorce or legal separation. The Ohio Court of Common Pleas looks at both spouses’ individual financial, social, and personal circumstances, when determining how and what type of spousal support to award..
After looking at these circumstances, the judge may award spousal support, but only if it is both appropriate and reasonable. The court does not consider the sex of either party when deciding who will give or receive the support.
Because a legal separation can be such a jarring experience, the court deems through a list of determining factors what is appropriate to decree to one of the parties. Below is the list the court adheres to before determining fair compensation:
- The income of all parties, including property divided and distributed through divorce;
- Earning abilities of each party;
- The ages and the physical, mental, and emotional conditions of each party;
- The retirement benefits of the party;
- The duration of marriage;
- The extent to which the party can seek employment due to custodianship of a minor child;
- The established standard of living of the parties during marriage;
- The extend of education with each party;
- The assets and liabilities of the parties;
- The contribution of each party to the education, training or earning ability of the other party;
- The time and expense necessary for the spouse seeking alimony to acquire education, training, and job experience;
- The tax consequences for each party due to award of spousal support;
- The lost income production capacity of each party resulting from legal separation;
- Any remaining factor deemed appropriate by judge to the case.
How and When Spousal Support is Modified in Ohio
Depending on how long the judge deems the alimony payment period appropriate, an individual’s circumstances may change during the alimony payment period. The paying party may not have the funds or may receive a raise after the first decree for support. Such a shift in circumstances could call for the case to be reevaluated by the court.
These changes can only affect the alimony payments if the party requested the modification proves a change in circumstance that is substantial and makes the existing spousal support ultimately unreasonable. In addition, the changes in circumstance must not have been, at the time of the initial awarding, taken into account by the parties or the court.
If one of the parties is found in contempt of court for failing to make alimony payments under an order, he or she will be required to pay any reasonable attorney’s fees for the adverse party.
Ohio Revised Code | 3105.18 – Visit the official online website of Ohio Laws and Rules, LAWriter. Here, you can learn all the specific rules and regulations pertaining to divorce and alimony in the state of Ohio, in addition to other domestic relation codes.
Ohio Alimony Calculator – Visit Alimony Calculator to see just what an average person may be paying in alimony under very general circumstance. Note that each specific divorce or marriage separation carries with it its own set of circumstances; see what may be considered in an alimony case in Ohio.
Find a Modification of Spousal Support Attorney in Franklin County, Ohio
Are you looking to modify previously decreed spousal support payments? Maybe something in your life has changed, or your ex-spouse is now making more money than at the time of the original hearing. Contact experienced family law attorneys at Joslyn Law Firm to take the next step.
The attorneys at Joslyn Law Firm look at all the facts and circumstances and can help you move forward with your case and your life. Joslyn Law Firm has practiced law in the Columbus, Ohio area for years, and will take cases in any of these surrounding counties: Delaware County, Pickaway County, Madison County, Licking County, or Fairfield County.
If you need legal advice, do not hesitate to contact the attorneys of Joslyn Law Firm at (614) 420-2424 to schedule a consultation today.
This article was last updated on September 21, 2018.