OUR OHIO POST-DECREE ATTORNEYS CAN HELP after the initial divorce or custody orders are issued
Common post-decree issues include modification of child support, modification or termination of spousal support, modification of a shared parenting plan, or reallocation of custody and parental rights and obligations. Other forms of post-decree actions include contempt actions to correct a situation in which a party fails to fulfill their court ordered obligations. If you or anybody you know needs help modifying an Ohio divorce decree, contact the attorneys at Trolinger Law Offices today.
Modification of an Ohio Divorce Decree
A divorce decree and/or a separation agreement can only be modified if the court retains jurisdiction to modify certain terms. An instance where the court often retains jurisdiction to modify a divorce decree and/or separation agreement is the duration or amount of spousal support (“alimony”). In certain circumstances, the court retains jurisdiction over the issue of division of retirement accounts or real estate. For situations in which the court retains jurisdiction over issues in the divorce, a post-decree motion to modify those terms can be filed. In some cases, a party can file a motion to vacate the divorce decree. These actions are complicated and often require a very sophisticated approach to the issues to successfully modify the terms of the divorce decree or separation agreement. If you feel that it is important or necessary to modify your decree, contact Trolinger Law Offices to guide you through the process.
How long do you have to amend a divorce decree?
If the court retains jurisdiction over certain issues within the divorce decree or separation agreement, then a party can seek a modification at any point in time during that retained jurisdiction. For instance, if the court orders a party to pay spousal support for ten (10) years, then either party can move the court to modify those terms so long as the court has retained jurisdiction in Ohio over the amount or duration of spousal support. If you are not sure whether your Ohio divorce decree is amendable, it’s important to contact Trolinger Law Offices as soon as possible.
Changes in Circumstances that Warrant a Post-Decree Modification
To file a motion to modify the terms of the divorce decree or separation agreement, a party often must prove that the circumstances of the parties have changed. A change in circumstances could be that a party has a change in income, becomes disabled, retires, has a child, becomes emancipated, or other circumstances in the parties’ lives have altered.
ENFORCEMENT OF A DIVORCE DECREE
If your spouse or co-parent is actively violating your decree/court orders, it is important that you document each incidence. Documentation and record keeping are key to prevailing in a court action. Keep records of communication between you and your former spouse or co-parent regarding request for payment, parenting time, or otherwise. Even if you believe that your requests will go unanswered, it is important to continue to request the other person’s compliance as this will show the Ohio court your efforts and cooperation.
If you need assistance enforcing a divorce decree, or if you are being held in contempt for an alleged violation, it’s imperative to have an experienced attorney representing you.
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These are urgent and important matters for any family or individual facing legal issues. If you feel that any of these matters may apply to you, please reach out today to schedule your consultation so we can provide you, your family, and/or your business with the support you’ll need.
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