For some, the journalization of a Decree of Divorce or Dissolution may be the end of the legal process. However, certain issues may require additional modifications for child custody, parenting time, child support, and spousal support. When changes are necessary, a Cincinnati divorce modification lawyer can help you request a modification of your divorce decree.

Life changes happen, such as finding or losing a job, relocating to another state, or remarrying and starting a new family. These common situations may require modification of a previous court order.

Handling Post-Divorce Modifications

The Family Law team at The Family Law and Fertility Law Group is equipped to work with clients in the event that a post-decree issue presents itself down the line. We help you prioritize your interests and your family’s future, offering supportive legal advice based on decades of experience. Our firm knows what the court considers for modifications and can help you assess your ability to modify orders.

Our team understands the importance of empathetic support and diligent advocacy. We primarily work in family law, and we are proud to help families find the right solutions to their cases.

Reasons for Modifications in Cincinnati

Post-decree modifications may be needed after a family’s finalized separation or divorce, when their lives change. In Cincinnati, 9.3% of men and 11.7% of women are divorced, and 1.5% of men and 2.0% of women are separated. When your life circumstances change, and those changes impact your current court order, modification may be possible.

Ohio courts have the jurisdiction to alter and enforce a final order. However, the ability to modify only applies in specific circumstances, and each aspect of an order is affected differently. You may be able to modify certain aspects of an order in the following circumstances:

  • Property division. This is rarely modified, and the court may only be able to adopt a modification if both parties agree. Without this agreement, property division is unlikely to be modified.
  • Spousal support. When parties make an agreement for spousal support, it will include terms for modification or may state that modification is not possible. Changes in living expenses, marital or cohabitation status, income, medical needs, or other financial circumstances are often why spousal support may be modifiable, but the Decree has to specifically permit modification.
  • Child custody and parenting arrangements. Modifications to parenting responsibilities may be allowed when there is a significant change in the life of either parent or of the children. This might include a change in the child’s care needs, relocation of either parent, school changes, remarriage of either parent, or other changes. The Court always has jurisdiction to modify parenting matters during a child’s minority.
  • Child support. If either parent’s income significantly changes, or the child’s financial needs change, this can affect child support. A child may have new and costly medical needs, or a parent may have had a change in employment. These changes can require more or less support from a paying parent, depending on the circumstances.

In order to request a modification, you may need to first gather proof of significant changes in circumstances or evidence supporting the reason for your request for modification. Your former spouse or co-parent will need to be notified when the court assesses the modification, and they could either agree with the modification or not. Based on the information presented, the court will determine whether or not to grant the modification.

How Does an Attorney Help With Post-Divorce Decree Modification in Cincinnati?

An attorney helps in many ways as you request a modification to your court order in Cincinnati, including improving your chances of success. The court has strict requirements when filing for modification, and errors can make it harder to secure a modification. An attorney helps you understand these requirements in your specific jurisdiction, including those in the Hamilton County Court of Domestic Relations and Juvenile Court

Not all life changes are grounds for modification, and not all aspects of your court orders can be modified. An attorney can review your unique circumstances and help you make informed choices about filing your motion. They can help you gather financial information or other proof about your changing circumstances.

If your former spouse or co-parent is requesting a modification that you disagree with, an attorney can help you take the appropriate actions in court. An attorney can also advise you on modifications proposed by the other party and determine if they are unfair.

FAQs

Q: How Long Does It Take to Modify a Custody Order?

A: The time it takes to modify a custody order varies significantly depending on your circumstances, including whether your co-parent agrees to the modification, which expedites the process. If the other party doesn’t agree, modification can take longer, as you likely have to prove to the court why the modification is appropriate. Working with an attorney doesn’t guarantee a faster process, but it can help you avoid errors that may lengthen the process.

Q: Can You Amend a Divorce Decree in Ohio?

A: Yes, you can amend a divorce decree in Ohio, but only in specific circumstances, and not all aspects of the divorce decree. Ohio courts have jurisdiction to modify property division, although only with the consent of both parties. You could modify custody or child support orders if life circumstances in your family have changed, and it means the current order is no longer fair or in your children’s interests.

Q: Do You Need to Hire a Family Law Modification Lawyer in Cincinnati?

A: It is incredibly beneficial to hire a divorce modification lawyer in Cincinnati, as they can help you determine if you can request modification of your divorce decree, and whether the court is likely to grant that modification. They can help you gather the information you need to prove your circumstances have changed, and modifications are necessary to provide fair support or create a plan that is in your children’s interests.

Q: What Is the Cost of a Post-Divorce Modification in Cincinnati?

A: The cost of a court order modification in Cincinnati varies depending on the specifics of your modification request, and the professional with whom you work.

Your Cincinnati Divorce Modifications Attorney

Court orders after a divorce, separation, or other family law matter should be followed, but may be altered if they no longer support the future and well-being of yourself, your children, and the rest of your family.

At The Family Law and Fertility Law Group, we can help you talk with the other party about modification, file a petition, and take the other steps needed to create a court order that meets your needs. Schedule a consultation if you are seeking representation for a post-decree matter.