According to the U.S. Census Bureau, in 2017, only 45.9 percent of custodial parents who were supposed to receive child support received full support payments from the non-custodial parent. Post-decree motions are filed when a divorced couple is requesting the court to modify or enforce the original order. If you wish to modify an existing divorce order or child support arrangement, it is crucial to consult with an experienced family law attorney for proper guidance.
At Peterson & Peterson, we are committed to providing outstanding legal services and comprehensive guidance in matters of post-decree modifications. Whether you want to enforce or modify an existing alimony arrangement, child custody, or support order, our experienced Ohio divorce attorneys can offer you the knowledgeable legal counsel you need. We will review your case, assess your unique situation, and assist you in a way that works best for you.
Peterson & Peterson proudly serves clients throughout Xenia, Ohio, and the surrounding communities of Bellbrook, Beavercreek, Clark County, and Greene County.
A post-decree modification can be described as a motion for alteration filed by either party, after a divorce or legal separation, for some divorce decrees or existing orders to be modified. Post-decree motions may be filed to reflect a change in circumstances or a breach of contract between the ex-spouses. Such a modification order can include child custody, child support, or spousal support.
Some common types of post-decree modifications in Ohio include:
Child Custody/Support: Disputes regarding child-related matters, including custody, support, and health care, can bring about post-decree litigation.
Spousal Support: The paying spouse may file a motion for the court to modify the duration or amount of alimony or spousal maintenance due to a change in circumstance.
Contempt: A contempt action is a motion filed by an aggrieved spouse requesting the court to enforce an original order and punish the defaulting ex-spouse.
Others: Other types of court orders that may be modified include health benefits for the children, tax exemptions, and allocated parenting time.
Under Ohio laws, the parent seeking a child custody or support order to be modified must show that:
A substantial change of circumstances has occurred to him or her since the original order was established
The change in child custody or support payments is in the child’s best interest
The benefits resulting from the changes supersede any harm
An alimony order may be modified if there has been a significant and unexpected change in the income of one of the spouses. Such circumstances for spousal support modification may include:
An involuntary loss of job
Increased or decreased income
Decreased need for support
New support obligation for the paying spouse
Increased cost of living
The post-decree modification process involves filing a post-decree motion and serving a copy of the motion to the other party. The motion will be heard by a judge or magistrate, who will review the case and issue an order.
Prior to the trial, both parties or their attorneys are allowed to conduct “discovery” (gather evidence) to build their case. This may include oral depositions, written interrogations, requests for written admissions, and document inspection.
A post-decree modification, such as child custody or support change, can have a significant impact on your child and your family. If you are trying to modify an existing divorce or child support arrangement, or file a post-decree motion, it is important to work with an experienced Ohio family law attorney to protect your rights and obtain proper guidance.
Our team at Peterson & Peterson possess the detailed knowledge and understanding to handle complex family law and divorce issues related to post-decree modifications. As your legal counsel, we will help with your modification process and keep fighting for what is right for you and your family. We will work diligently with all parties involved to negotiate a fair settlement agreement.
Whether you want to change a divorce decree, child support, child custody, or spousal support order, we will offer you the experienced legal guidance you need and help you navigate key decisions. Having our experienced attorneys on your side can increase your chances of getting the best possible outcomes in your post-decree motions.
If you need a modification to, or enforcement of, existing family law orders and need court intervention, call Peterson & Peterson today to schedule a free one-on-one consultation. Our attorneys will offer you the experienced legal guidance and advocacy you need in your post-decree modification or litigation. We are proud to serve clients in Xenia, Bellbrook, Beavercreek, Clark County, and Greene County, Ohio.