When the court finalized your divorce or dissolution of marriage, it may have put a spousal support order in place. Spousal support is intended to ensure that both spouses remain financially stable after a divorce or dissolution of marriage. But as circumstances change, you may wonder whether your spousal support order can be modified and, if so, how to go about doing it.
At RKPT, our experienced divorce and family law attorneys can analyze your situation, answer your questions, and seek modifications to your spousal support order.
Can a Spousal Support Order Be Modified?
Whether the court will modify a spousal support order depends on the language of the divorce agreement or decree. In general, spousal support orders can only be modified if the divorce agreement or decree included specific language that allows the court to make modifications in light of changed circumstances. If a modification to a spousal support order is justified, the court will assess the reasonableness of the change according to the statutory elements for awarding spousal support.
Under R.C. 3105.18(D), a change in circumstances of either party can result in a modification to a spousal support order.
R.C. 3105.18(F) states:
[A] change in the circumstance of a party includes, but is not limited to, any increase or involuntary decrease in the party’s wages, salary, bonuses, living expenses, or medical expenses, or other changed circumstances so long as… the change in circumstances is substantial and makes the existing award no longer reasonable and appropriate [and] the change in circumstances was not taken into account by the parties or the court as a basis for the existing award when it was established or last modified, whether or not the change in circumstances was foreseeable.
Depending on the length of the original spousal support order, the parties’ circumstances may have changed since the original order was put in place. The party who was ordered to make spousal support payments may not have the funds to make the payments that were ordered, or they may have received an increase in income from the time of the initial order.
To be eligible to seek a modification to a spousal support order, the circumstances that justify the change must not have been taken into account at the time of the original spousal support order.
Requesting a Modification to a Spousal Support Order
To request a modification to a spousal support order, you must file a motion with the court requesting a modification. Once you file, the court will only consider the change from the date the motion was filed forward. It will not make the change retroactively. Therefore, if you believe circumstances have changed that would warrant a modification to a spousal support order, it is wise to seek the assistance of an experienced family law attorney as soon as possible.
Contact RKPT for Assistance Modifying a Spousal Support Order
If you believe a modification to a spousal support order is warranted, the experienced family law attorneys at RKPT can help.
In any family law situation, our goal is not to punish the other party. Rather, we seek to help our clients resolve disputes and ensure that their rights are protected.
Spousal support orders are common in situations when:
One spouse did not work during the marriage or has been out of the workforce for a long time.
A spouse cannot work because of illness, injury, or disability.
A spouse has limited job skills and education.
One spouse paid for the other's education or medical bills before the divorce.
One spouse would have a significant drop in living standards without supplemental income.
If these circumstances have changed after your divorce or dissolution of marriage was finalized, you may be eligible to seek a modification of a spousal support order.
Contact RKPT today to discuss modifications to a spousal support order. We will analyze your situation to determine whether a modification to a spousal support order is possible, and our lawyers will represent you and assist you in seeking appropriate modifications.
To learn more about our family law services, schedule a confidential consultation to discuss your situation and how we can help.
