Avoid Future Problems, Consult With An Attorney To Avoid Modification Of Spousal Support By The Courts.
Since divorce attorneys, like the rest of the population, do not have a crystal ball, making decisions regarding whether spousal support should be modifiable in the future are difficult. This is a very crucial area where individuals trying to navigate through a termination of their marriage without an attorney can run into huge problems.
In Ohio, the Court does not automatically retain jurisdiction to modify spousal support in the future. Instead, the Court’s future jurisdiction to reduce, modify or terminate future spousal support is controlled by the explicit language contained in the Final Decree of Dissolution or Divorce. The drafting of that language, therefore, is critically important. Of course, whether you are the payor or the recipient can have a dramatic effect on how you want that provision written.
Options to consider include the following:
- The Court retains no continuing jurisdiction to modify spousal support in the future.
- The Court retains full jurisdiction to modify both the term and amount of spousal support.
- The Court retains limited jurisdiction to modify the amount of spousal support, but not extend the term.
- The Court retains limited
The lazy, hazy days of summer are coming to an end, as a new school year is quickly approaching. My wife, a school teacher of 30 plus years, suggested that we post an article about this topic of starting the school year well. So with her help, here it is.
Divorce rates for the general population throughout the United States have stabilized over the past several decades. However, that’s not true for baby boomers. Divorce rates among couples over 50 have doubled over the last two decades according to a recent study by Bowling Green State University Professor Susan L. Brown. In the 1990s, fewer than 1 in 10 people who divorced were 50 or older. In 2009, that figure soared to 1 in 4. Dr. Brown utilized data from the federal government’s 2009 American Community Survey. She also looked at demographics and found the highest rates were among black couples and the lowest rates among white couples. Older adults who divorced also tended to be less educated than those who remained married.
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It was truly a memorable Christmas. In the past we have usually managed to get the “family” together in Dayton, Ohio. But this year I locked the door of my law office; and my wife and I flew to Dallas to be with our son, daughter-in-law and our first grandchild – Hannah. We were fortunate enough to have been able to travel from Dayton, Ohio, to Texas to be in the hospital when Hannah was born five (5) months or so ago, but we haven’t visited in person since.