In Ohio, modifications can be made to child support, child custody and visitation and spousal support agreements. To request a modification, there must be a substantial change in circumstances.
When determining if you can change current court orders, the experienced lawyers at Sebaly Shillito + Dyer can evaluate your situation and provide an honest assessment of your eligibility. If you can request modifications, we will assist you in filing that request.
Determining If Modifications Can Be Made To Court Orders
In general, the following guidelines apply to the modification of support or custody:
- Custody and visitation — Whenever dealing with children, the primary concern is what is in their best interest, which usually means a stable, safe environment. Changes in circumstance that would affect a visitation or child custody modification include:
- Change in a child's age/needs
- Change to one parent's income level
- Relocation of one parent to another state
- Showing current living situation puts a child at risk of physical or emotional harm
- Custodial parent refusing to allow noncustodial parent visitation
- Child support — After a child support order is issued, either parent can request that the amount of payment increase or decrease. Child support modifications will only be granted if the requesting parent can prove a substantial change in circumstances, such as:
- An increase or decrease in salary
- An involuntary loss of a job
- A change in the financial needs of the child
- Spousal support/alimony — After a final spousal support order, the court can only modify the order if the divorce decree allows for modification. Additionally, there must be a change in circumstances for either spouse, such as:
- An involuntary increase or decrease in wages, salary or bonuses
- An increase of living expenses
- A change in medical expenses/medical needs
Contact Our Firm For Honest Advice And Skilled Representation
Every circumstance is different, so although the above can serve as a guide, it is vital to seek legal advice and guidance for modifications. Our Montgomery County attorneys have extensive knowledge and experience with custody and support matters, and can evaluate your situation and provide you with a straightforward assessment of your ability to make modifications.
To schedule a consultation at our office location in Dayton or West Chester, call us at 937-401-2526. Or, if you prefer, send an online message and tell us about your situation. We respond promptly to all messages.