Ohio law allows you to request a post-decree modification if your circumstances change after your divorce. These modifications can affect child custody and visitation schedule, or child support payments. No matter your situation, hiring a reputable family law attorney can help you build a strong case that both your co-parent and the judge can approve.
A judge bases all rulings that affect a minor child on said child’s best interests. Although a court typically aims for a child to maintain regular contact with both parents, the primary factor is the child’s physical, emotional, and social well-being.
At Crossman & McNamee, LLC, we understand how your professional and personal life can evolve after your divorce, and we accompany you at every step of the court order modification process. A central component of any modification petition is that the proposed changes serve your child’s best interests.
When Can I Petition for a Child Support Modification?
The judge determined the amount of child support payments based on each parent’s income and other financial resources at the time of the divorce. However, life happens, your financial situation may change, and making payments can cause hardship. In such cases, you have the right to file a request for the court to reevaluate child support.
Acceptable grounds to request a child support modification include:
- Loss of job
- Reduced earning capabilities due to health conditions
- Permanent disability
- Incarceration
- Significant changes in the cost of your child’s health insurance
If you are active-duty military, you may also file a request with the court due to deployment or return from deployment.
You must present the following evidence to the court:
- Your income or financial situation has drastically changed since the previous court order
- The change in child support payment would at least involve a 10 percent reduction
You typically can request a child support modification every 36 months in Ohio. If you are unsure whether you meet the eligibility criteria to request a modification to your existing child support court order, reach out to your family law attorney to discuss your situation.
When Does Child Custody Require Modification?
Ohio differentiates between physical and legal custody and a judge can grant each differently depending on the parents’ desires and the child’s best interests. Physical custody concerns where the child resides most of the time and visitation schedules ensure that they continue to spend time with their other parent. Legal custody concerns the authority to make major decisions for the child, such as healthcare, education, and religion.
Custody and visitation schedules usually require modification if the custodial parent decides to move farther in the state or to a different state or country. If the other parent agrees to the move and the judge approves the request, visitation schedules for the non-custodial party need to account for the longer distance and the additional travel time.
A parent may choose to seek sole custody of their child if the other parent, regardless of a previous custody order, goes to jail.
Crossman & McNamee, LLC, Can Help with Your Child Support Modification Petition in Green County?
At Crossman & McNamee, LLC, we are committed to advocating for your individual and parental rights, including for post-decree modification requests. Whether our lawyers previously represented you during your divorce or you are hiring us for the first time, our team carefully reviews your situation and discusses your needs and goals. This helps us tailor a strategy to your and your child’s unique situation.
Collecting the appropriate documentation and giving sufficient notice to your co-parent, when necessary, can make a positive difference in how a judge evaluates your petition. Thanks to our decades of experience, we can help you secure a positive outcome that supports your continuous relationship with your child and the quality of life for all parties involved.
Are you planning to request a modification to your existing child support court order in Green County? Contact Crossman & McNamee, LLC, today at (937) 468-3796 to schedule a consultation!
