What Is A Post-Decree Motion?

After a divorce, it is not uncommon for one spouse to seek a modification to an order, judgment, or award settled on or litigated during the divorce. Alternatively, one spouse may be in violation of a court order for failing to pay child support or alimony.

While divorced couples can attempt to resolve these issues on their own, sometimes legal intervention is required to achieve an equitable outcome. When legal action is required, a spouse can file a motion that requests the court enforce the original order, or modify it, depending on the circumstances.

What Issues Are Handled In Post-Decree Motions?

Common issues that arise after a divorce decree has been issued include child custody, child support, and spousal support. While the terms of a divorce may be equitable at the time they are issued, life changes happen and situations change. Ex-spouses may lose their job, experience a life-altering illness, receive a major promotion, move to another state, or start a new family.

Whatever the case may be, post-decree motions can help ex-spouses resolve these issues with the help of the court, ensuring that their interests, and those of their children, are recognized and protected.

Child Custody And Support Modifications

Disputes relating to child support, visitation, and support are common to post-decree litigation. When these types of disputes arise, parents may request for the court to review the facts of their case and modify the current arrangements.

With respect to child custody, there are several legal factors that must be met in order for the court to change a custody order. For example, a parent seeking to modify a custody order must show the court that there has been a substantial change of circumstances since the original order was issued, that the change in custody would be in the best interests of the child, and that the benefit resulting from the change will outweigh any harm.

If either parent wants to change a child support order, on the other hand, they can request an administrative review from the county Child Support Enforcement Agency, or CSEA, or they can go to court to request a modification. Any modifications will need to be made in the best interest of all children involved. For example, payments of child support may increase over the years to accommodate extracurricular activities, transportation costs, and healthcare costs. Some divorce agreements may include provisions to revisit support payments periodically. Whether you have a plan for addressing changes in child support with your ex-spouse or need help with a court review of a modification request, an experienced divorce attorney can help you achieve the best possible outcome for you and your child.

Spousal Support Modifications

Spousal support is meant to help both spouses maintain financial stability after a divorce or dissolution. In Ohio, a spousal support order may last indefinitely, end on a specific date, or be modified as outlined in the divorce decree.

After a divorce, the spouse receiving spousal support payments may reach a point where it is no longer equitable for him or her to receive those payments. In these situations, the spouse paying support may seek a modification to the original divorce agreement.

Whether spousal support can be changed, however, depends entirely on the language used in the settlement agreement or divorce decree. For example, spousal support can only be modified if the agreement or decree includes language that reserves the court’s ability to issue a modification. If the court does have the ability to modify spousal support, it can only do so if it finds the modification reasonable based on certain statutory elements set forth by Ohio state law.

What steps do I need to take to get my post-decree motion heard?

If you need help navigating a post-decree motion to either modify, terminate or enforce a settlement agreement or divorce decree, the attorneys at Wagner & Bloch are here to help. We have successfully represented individuals in negotiations, collaborative law, and in court hearings, helping them secure the financial support they need to provide for their families. Contact our office today to schedule an initial consultation.