lardiere_McNair
Can Spousal Support payments be modified?
LARDIEREMCNAIR
September 8, 2015

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

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

 

Leave a Reply

Your email address will not be published.

Free Consultation

Law is a complicated matter. It can cause you a big problem if you ignore it. Let us help you!
Notice: If you send e-mail to Lardiere McNair, LLC in connection with a matter for which we do not already represent you, your communication may not be treated as privileged, confidential or otherwise protected because you are not a client. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail may not be secure. **
Notice: If you send e-mail to Lardiere McNair, LLC in connection with a matter for which we do not already represent you, your communication may not be treated as privileged, confidential or otherwise protected because you are not a client. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail may not be secure. *
Copyright Lardiere McNair, LLC 2022
Privacy Policy & Terms of Use
bubblecrossmenuchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram