Typically, if your income changes substantially, you can petition for a child support modification through the Child Support Enforcement Agency to award a different amount.
Requesting a modification of custody is a bit different. Oftentimes, there is a situation where one party doesn’t like the initial custody award and they will look for any chance to spend more time with the child. The only way to do that legally is through the court. Typically, if a child suffers some emotional or mental health issues or an academic decline, those are reasons you would consider filing for a change of custody.
As far as an alimony modification is concerned, typically you can’t change that because the court no longer retains jurisdiction in that regard unless you make an argument you have suffered a substantial change in income.
What Factors Will The Ohio Family Courts Closely Examine When Considering A Petition To Modify Spousal Support Or Alimony?
Typically, when considering a modification to child support or custody, the party seeking the change must prove two things. One, you must show there is a substantial change in circumstances with the child or the caregiver. Once you meet that burden, you have to show the change request is in the best interest of the child.
If There Is No Evidence Regarding The Change In Circumstances, Will The Petition To Modify Be Dismissed In Ohio Courts?
Very rarely will the court dismiss a motion, or a petition to modify an arrangement, based on pleadings or pre-trial motions. Typically, the only way the court can determine if there has been a significant change in circumstances is at the trial level. Most often, you’ll have to go through the whole process, before the court can consider whether or not the other party has met their burden.
Once A Petition To Modify A Family Court Order Is Filed In Ohio, How Soon Could There Be A Hearing Or Decision On The Matter?
Typically, the court will schedule a pre-trial hearing within 30 days of filing a petition to modify. Then, at that point, it would be on the trial docket in three to six months.
For more information on Modification of Family Court Order in Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.