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How can a spousal support order be modified?

On Behalf of | Oct 27, 2016 | Alimony

When going through a divorce, one of the many tricky elements to navigate is establishing spousal support. Determining the amount to be paid from one spouse to another depends on a wide variety of factors that are set forth in the Ohio Revised Code.

Once alimony is determined and established, it is possible for that amount to change months or years later. Depending on the situation, the spouse receiving support can ask for an increase in payment. If the person receiving support wants to acquire further education and training, an increase in support may be warranted. Also, if the regular expenses increase due to a variety of factors, this could lead to an increase in alimony or support. Such factors include a rise in living expenses, rent, and involuntary decreases in income. In addition, inheritance, retirement, mental and physical health, and age are factors that can be considered.

Similarly, there are situations which might warrant a decrease in alimony. This includes an increase in income by the support recipient. Also, if the changes of circumstances are substantial, such as a new job with greater income and benefits, then a decrease of alimony or support may be pursued by the payer. Changes in geographical location of either party can also influence a change in support. In addition, if the payer loses a job or becomes sick, that can also be grounds for a decrease in spousal support.

It is important to petition the court for a change in support rather than failing to pay alimony. A family law attorney can provide assistance in this regard, including the preparation of the request for the modification. As each case is unique, the foregoing should not be construed as legal advice.