Can Spousal Support payments be modified? The short answer is, it depends! It depends on some elements:
- The language of the decree;
- The date of the decree; and
- If the decree includes language specifically reserving the Court’s jurisdiction to modify.
If you can meet those elements, then the burden is on the party who wants to modify spousal support to prove a change of circumstances has occurred that would justify a modification.
Pursuant to the Ohio Revised Code, 3105.18(F)
“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.”
If you are curious whether the spousal support order can be modified to request a higher support amount, or if you believe you have a change in circumstance due to retirement, loss of a job, etc., please contact our office. A Motion must be filed with the Court, but remember that the Court will not go back in time to the date of the decree, it will only consider a modification as of the date a Motion is filed.
Sunni DiNicola is an Associate Attorney at Lardiere McNair LLC. Lardiere McNair LLC has a practice in which advises and assists both employers and employees with their employment concerns. To read more about Sunni, please visit http://www.lmcounsel.com
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