Post Divorce/Dissolution Decree Modification Attorney
Your divorce or the dissolution of your marriage has become final. Your Final Judgment and Decree of Divorce or Dissolution has been filed with the court and you and your former spouse have been ordered to abide by the terms and conditions as stated in your decree. But now you find that the facts and circumstances that existed at the time your divorce or dissolution have changed and that the terms and conditions, as ordered in your decree, should change as well. As a general rule, when a court order, like a divorce or dissolution decree, becomes final, and after the time limits for the filing of objections and appeals have expired, the order, judgment or decree is not subject to change. Finality of court orders, judgments and decrees is not necessarily a bad thing. People and litigants should be able to depend upon the finality of judgments so that they can structure their future lives accordingly. However, when it comes to divorce and dissolution, there are instances which may warrant a change or modification of the final judgment and decree and, in those instances, the court does have the power to change or modify it's previous order upon proper motion filed by one or both of the parties.
Some of the most common divorce or dissolution decree modifications occur in the following areas:
In Ohio, a divorce or dissolution decree awarding custody of a minor child can be modified or changed upon a showing of changed circumstances and that the modification or change is in the best interest of the minor child. If the original decree awarded shared custody (known as shared parenting) to both parties the court may modify or change the custody upon a showing that the modification or change is in the best interest of the minor child. The party requesting the modification or change must file a motion with the court and a hearing will be held to decide the issue.
When the court orders a visitation schedule of a parent with a minor child in a divorce or dissolution decree the schedule may be modified or changed upon a showing of a change of circumstances and if the modification or change is in the best interest of the minor child. As in a request for change of custody, the court will schedule a hearing to decide whether a change in the visitation or parenting schedule is warranted upon a motion filed by one of the parties.
Child support, ordered to be paid by one party to the other for the support of the minor child of the parties, may be modified by the court upon a change of circumstances and if the modification is in the best interest of the minor child. If a party files a motion to increase or decrease the amount of child support previously ordered the court will schedule a hearing to decide the issue. There may be several reasons to modify a child support order. Some of the most common reasons are the loss of employment of either party, an increase or decrease in income of one or both of the parties, a change in custody of the child or a change in the visitation or parenting schedule relating to the child. A party requesting a modification of child support must file a motion with the court requesting the modification and the court will schedule a hearing to decide the issue.
Spousal support, or what used to be referred to as alimony, may be modified up or down, if the divorce or dissolution decree specifically authorizes the court to modify the award of spousal support and if there has been a change in circumstances which warrant the modification occurring since the spousal support was ordered.
Divorce/Dissolution Contempt Attorney
A Final Judgment and Decree of Divorce or Dissolution is a court order and both parties are ordered to abide by the terms and conditions as stated in the decree. If either party does not abide by the terms and conditions, as ordered in the decree, such conduct may be punishable by contempt. There are as many reasons to find a party in contempt as there are terms and conditions stated in the decree. In other words, a violation of any term or condition can warrant a finding of contempt. Some of the most common violations which may warrant a finding of contempt are as follows:
*Non-Payment of Child Support;
*Non-Payment of Spousal Support;
*Denial of Parenting Time (Visitation);
*Failure to Pay a Debt;
*Failure to Pay a Sum of Money;
*Failure to Transfer Personal Property or Household Goods; and
*Failure to Sell or List Real Estate for Sale
If your former spouse is not abiding by your Final Judgment and Decree of Divorce or Dissolution you should understand that the court will not, with few exceptions, do anything to enforce its order against your former spouse unless you bring the violation to its attention. If you desire to enforce compliance with your court order you must file a motion with the court requesting that your former spouse show cause why he or she should not be found in contempt for violation of your divorce or dissolution decree. Once filed, the court will schedule a hearing to determine whether or not a finding of contempt is warranted. If a finding of contempt is made, the court can order the violator to comply with the court order and can fine and sentence the violator to jail.
At W. Randall Rock, Attorney at Law, we have been representing individuals in actions for divorce and dissolution for over three decades and understand that simply obtaining a divorce or dissolution for our clients may not be enough when your former spouse refuses to follow the court order obtained or if circumstances have changed which warrant a change or modification of your court order or final decree.
If you have obtained a divorce or dissolution and your former spouse refuses to abide by the terms and conditions of your decree or if circumstances have changed which you believe justify a modification of the terms and conditions ordered in your decree, CALL US AT (937)224-7625(ROCK), or (855)206-7628 and schedule your FREE INITIAL and CONFIDENTIAL CONSULTATION to discuss your case. Or if you prefer, CONTACT US by filling out the form below. Our FEES are REASONABLE and agreeable PAYMENT PLANS CAN BE ARRANGED.
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