This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Ohio Affidavit by Obligor Spouse on Application to Modify Order for Alimony
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US-00005BG-I
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How to fill out Affidavit By Obligor Spouse On Application To Modify Order For Alimony?
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FAQ
Modifying a Divorce Decree in Ohio People can retain the right to amend the property and debt division by agreement, but this needs to be spelled out quite exactly. However, other aspects, especially those relating to children, may need to be changed.
If you are seeking a modification in spousal support due to a change in circumstance, whether such change is due to a retirement, loss of job, request for higher support, or request for payment of a lower support, a motion must be filed with the Court to get the process started.
Failure to Pay Spousal Support To obtain a finding of contempt, one must petition a court, which can take time and money. A court, however, will assess all court costs arising out of the contempt proceeding against the person and will require the person to pay any reasonable attorney's fees of any adverse party.
Termination of Spousal Support In most cases, spousal support orders contain provisions for the support obligation to end upon the death of either party, the marriage of the payee (spouse receiving support), or the payee's cohabitation with an unrelated adult.
In Ohio, spousal support may last indefinitely, may be modified up or down depending on the language in the decree, or terminate upon a certain date or specific event.
Parents or guardians can ask for changes in a child support order. The order can be reviewed every 36 months from when it was first made or last reviewed. A "review" means a caseworker checks the income and information of both parties to decide if support obligations should be changed.
Whether seeking a decrease or increase in spousal support or a change to the term of the spousal support, a motion must be filed with the Court to get the process started. It is important to understand that the Court only has the power to modify the spousal support AS OF THE DATE THE MOTION IS FILED.
Although lifetime spousal support is expected in lengthy marriages, the spousal support's duration is determined by each case's circumstances. If permanent support is not awarded in a lengthy marriage, the general rule of thumb allows the spousal support duration to be one-third of the marriage.