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Modifications

Modifications

Do you have a spousal support, child support, or child custody order from your divorce that you now need to be modified?

If your circumstances have dramatically changed since the time that order was issued, it may be possible for you to obtain a post-divorce modification.

This will require filing a petition with the court and proving that your change in circumstances is significant enough to merit a modification of your order.

With the help of an experienced Dayton family law attorney, you may be able to increase your chances of success!

We can also provide assistance if you are trying to contest a modification petition that is being filed by your former spouse.

 

 

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Grounds for a Post-Divorce Modification

A person may seek to decrease or increase the payment amount that is required under a spousal support or child support order. This person could be the payer or the recipient of the support.

Here are some of the grounds that are commonly used to petition modifications:

  • An involuntary decrease in income (such as if a job loss occurred, or a reduction in hours or pay);
  • The inability of the payer to work (such as if the payer becomes injured or ill);
  • An increase in the payer’s income;
  • A significant increase or decrease in living expenses;
  • A significant increase or decrease in medical expenses;
  • A change in the legitimate needs of the spouse or child who receives support;
  • The new ability of the spousal support recipient to work;
  • The spousal supports the recipient’s remarriage.

While parental rights are taken into consideration when considering child custody, these decisions boil down to what is best for the child’s wellbeing. For this reason, it will be crucial for you to show that the modification you are seeking is in your child’s best interests.

Here are a few grounds that may merit a child custody modification:

  • There is a claim that the parent who currently has custody is not fit to care for the child—such as if that parent is abusing drugs, mentally unstable, or abusing or neglecting the child;
  • There has been a significant change in the child’s needs (such as medical or educational needs) that requires a change in the custody arrangement;
  • The child’s current home environment is harmful to his or her development or well-being.

When determining which custody arrangement is best for the child, the court will evaluate the circumstances and living situations of both parents, as well as the child’s current needs. A guardian ad litem (or a legal advocate for the child) may even be assigned to the case to investigate these facts and report them back to the court.

 

 

Are you facing modifications in Dayton, OH?

Call Gounaris Abboud, LPA today or contact us online to schedule a free consultation with our attorney!
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Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!
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Contact Our Dayton Modifications Lawyer Today!

Do you want to find out more about how our law firm may be able to help you with your post-divorce modification case? If so, take action and fill out our free online case evaluation form. Since there is no cost involved, you have nothing to lose in getting some initial feedback on your legal matter. Contact our firm today to speak with an experienced divorce attorney.
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