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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.
Experienced Representation for Your Family Law Matter
Our Dayton family law attorneys at Gounaris Abboud, LPA have more than 50 years of combined experience practicing law and have been recognized as top attorneys on multiple occasions, such as:
Need a Post-Divorce Modification?
- Selection for the Ohio Super Lawyers® list
- Selection for the Ohio Super Lawyers® Rising Stars℠ list
- Inclusion in the Top 100 by The National Trial Lawyer
- Recognition through Avvo ratings of 10.0 “Superb.”
Let these highly competent legal professionals assist you with your post-divorce modification!
Whether you are looking to request or challenge a modification, they can help you to skillfully argue your case before the court to improve the chances of receiving a favorable court ruling.
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 income (such as if a job loss occurred, or 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 support 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 wellbeing.
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.
Contact Gounaris Abboud, LPA for Assistance
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.