It May Be Possible To Modify A Divorce Decree
In many cases, an original divorce decree may become outdated over the years, no longer reflecting the needs and circumstances of the parents or the children. When situations change, there are legal steps you can take to modify or change the divorce agreement. At the law offices of Robert L. Caplan Attorney at Law, Mr. Caplan is prepared to represent your interests in petitioning to modify your divorce decree to reflect any change that may take place.
Work With An Experienced Columbus Divorce Modification Lawyer
In many cases, a modification is required after one of the parents moves away and relocates from the geographical area dictated in the divorce decree. This may be due to a mandatory job change, a remarriage, a medical circumstance or other reason that requires the individual to leave the area, no longer able to abide by the original custody or visitation agreement.
Other circumstances often arise that limit a parent’s ability to observe the visitation or custody orders, such as a change in job or shift worked. One parent might seek to limit the other parent’s time with the child, based on concerns surrounding the other parent’s ability to provide care or a safe environment to the child. This could include instances where the other parent lives in a dangerous environment or might allow the child to be involved in dangerous activities. Ultimately, the court places a priority on continuing to act in the best interest of the child, even if that requires granting modifications to court orders.
Frequently Asked Questions About Court Order Modifications
The answers below explain when modifications may be possible and why it is important to handle these issues properly.
Can my ex-spouse and I change our agreement without going to court?
In some situations, former spouses can agree to changes involving parenting schedules, support or other family law issues without immediately going to court. Common examples of informal changes include:
- Adjusting pickup and drop-off times for children
- Changing holiday visitation schedules
- Allowing one parent to relocate closer to family or work
- Sharing new expenses related to school or medical care
Even when both parties agree, the original court order remains legally enforceable under Ohio law until a modified order is approved. It is generally always best to comply with the orders or seek official modifications through the court rather than making changes on your own.
What are common reasons to modify child custody and visitation?
Several situations may justify a modification request, including:
- A parent plans to relocate
- The child’s school or medical needs have changed
- One parent repeatedly violates the custody schedule
- Concerns involving substance abuse or unsafe behavior arise
- A parent’s work schedule significantly changes
- Older children express preferences regarding visitation
Judges look closely at how the proposed change will affect stability, safety and the child’s daily routine.
Can child support be lowered if I lose my job or take a pay cut?
A significant reduction in income may justify lowering child support, but support obligations do not automatically change after a job loss or pay reduction. Until a court approves a modification, the existing order generally remains in effect. Courts may examine several factors before approving a reduction, including:
- Whether the income loss was voluntary or involuntary
- The parent’s efforts to find new employment
- Current earning capacity
- The child’s ongoing financial needs
- Temporary versus long-term financial hardship
An attorney can help present financial evidence properly and pursue a modification before unpaid balances become overwhelming.
Does remarriage affect child support or spousal support (alimony) obligations?
Remarriage can affect certain support obligations, particularly spousal support. In many cases, alimony may end or change if the receiving spouse remarries or begins living with a new partner in a financially supportive relationship.
Child support is usually treated differently because it belongs to the child, not the parent. However, remarriage may still indirectly affect support if household finances significantly change.
Child Support And Spousal Support Modifications
Modifications can also be sought to child support or spousal support agreements. This is common if one spouse suspects that the other has experienced a significant increase in income or assets. Our attorneys will help to protect your interests and ensure that you are provided the support you are entitled.
To learn more about the assistance Mr. Caplan can provide to families seeking to modify divorce, custody or support decrees, please contact Robert L. Caplan Attorney at Law, today by calling 614-252-2026.