Looking for Help with Post Decree Matters?

Your divorce is finally over. However, you may soon realize that you’re unhappy with the terms of your divorce. Maybe you don’t see your children as frequently as you thought you would, or maybe you need more financial aid from child support. Regardless of why there’s one harsh reality present in your situation. You need to change the terms of your divorce.

Luckily, Ohio state law offers a solution: post-decree litigation.

Post-decree litigation is a type of court case that happens after a divorce is finalized, but can still affect the terms of the divorce. In other words, at least one party is arguing over the terms of their divorce. Post-decree litigation is determined by filing motions. A post-decree motion can allow a party to a divorce to change aspects like:

• Spousal maintenance
• Child custody – a court may change child custody terms only if the request is valid. First, there must be a significant difference in the child’s living conditions since the divorce. Second, the new change in custody will be in the child’s best interests. Finally, the petitioner needs to prove that the benefits outweigh any risks.
• Child support – child support terms can frequently change when child custody terms do.

Additionally, a party in a divorce can file a post-decree motion to enforce the terms of their separation. For example, if the court ordered a party to pay child support and that party refuses, their ex-spouse can file a post-decree motion to penalize them. These are generally known as “contempt” actions because the party is in contempt of court.

If you need help changing or enforcing the terms of your divorce, call attorney Warstler today. With seasoned experience in the field, he’s a potent ally for any clients in the Canton, OH area. Call today to schedule your appointment.