A complicated area of domestic relations law in Ohio is a party’s modification of spousal support. Intitally, Ohio Revised Code 3105.18(E)(1) states that a spousal support amount and the term of spousal support can only be modified if the Decree and/or Separation Agreement specifically retain jurisdiction for the court to modify either the amount or the term of the spousal support. If the court order does not specifically retain jurisdiction to modify the amount or the term of spousal support, the court will not entertain a motion to modify the spousal support. However, the Ohio Supreme Court, in the recent decision of Mandelbaum vs. Mandelbaum extended the requirements to modify spousal support further than already set forth in the Ohio Revised Code.
Mandelbaum requires the person seeking to modify spousal support to not only prove a substantial change in circumstances but that the substantial change of circumstances was not contemplated at the time of the original Decree. The requirement that the change of circumstances was not contemplated at the time of the divorce is proving to be very problematic for family law practitioners in the State of Ohio.
If you are seeking to modify your spousal support, you will need to contact a seasoned divorce attorney who has extensive experience in the matter.
For further questions or inquiries, please contact the Ohio divorce and family law attorneys at Slater & Zurz LLP for a free consultation by calling (330) 762-0700 or 1-800-297-9191. You may also send a Blog Message to schedule a time to talk.