A post decree modification is a civil action filed in the Domestic Relations Court after a Decree of Dissolution or Decree of Divorce has been granted. In order to initiate a post decree modification, one party must file a motion asking for a modification (of parenting time or child support for example) and the other party must respond. Generally, the courts encourage the parties to come to an agreement on post decree modifications.
Change of Custody
IF the parties are not in agreement on a change in custody, a parent seeking to request a change of custody in Ohio must show that there has been a “change in circumstances” and that the change is in the “best interests” of the minor children.
Modification of Support
There are at least two ways to request a modification of child support. You may ask for an administrative review of child support through your county Child Support Enforcement Agency (CSEA) or you may file a motion in Court to request the modification. Child support may be reviewed every 36 months from the date the previous order was established and the process will take up to several months to complete. There are circumstances under which the order may be reviewed even if it has not been 36 months since the last order was established.
Contempt is a civil action filed by one party to enforce the court’s previous order. In order to be successful, one must show that there was a valid court order, that the other party failed to follow the Court order and that the other party doesn’t have a valid affirmative defense for not following the order. A successful party may be able to recuperate attorney’s fees and court costs.
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