Post-Decree Litigation In Ohio
Post-decree obligations are considered legally binding and enforceable until the terms of the order have been fulfilled. Occasionally, it’s necessary to invoke the court to enforce existing orders where the other party has failed to comply. In other cases, due to changes in either or both party’s situations, it’s important that an existing order be modified in order to meet the needs of the individual or family.
Under the Ohio Revised Code, post-decree litigation is an option in situations where the conditions of a court order create an undue burden for either party. Litigation may be necessary to resolve issues concerning:
- Child custody disputes
- Child support modifications
- Spousal support modifications
- Enforcement of a court order
Obtaining the services of an experienced lawyer is highly advised when handling post-decree litigation. Court orders oftentimes contain complex legal language, even sections that prohibit the modification of an order. Obtaining a lawyer will ensure that you fully understand your rights and the resolutions you can expect for your situation.
When Can I Initiate Post-Decree Litigation?
Under Ohio law, an individual may petition the court when a former spouse fails to comply with a court order. Once a petition has been entered, the court may enforce compliance through fines, income withholdings and through other means.
If a modification is needed for a support order, a petitioner needs to show a substantial change in circumstances, such as loss of job or financial security. The court will then consider the situations of both parties, including the continuing needs of a child in instances of child support obligations.
With child custody arrangements, there are a number of things the court takes into consideration including, but not limited to the well-being of the child, significant changes to the child’s life, and interference with parenting time or the visitation schedule.
Gain Peace Of Mind – Talk To Attorney Dain N. DeVeny Attorney at Law Today
I’m Dain N. DeVeny Attorney at Law, and as a practicing attorney for more than 30 years, I’ve handled hundreds of family law cases, including post-decree litigation. My experience permits me to get just results for my clients, by way of negotiation or litigation, whichever is necessary. What I offer families in Dayton, Ohio, and surrounding areas is a sympathetic ear that listens to each side of the story. I then present a case to the court in a way that works in my client’s favor.
If you’re looking for an honest attorney who can handle your post-decree legal needs, then contact me, Dain DeVeny by phone, 937-802-2504, or by email. Working out of my Dayton office, I serve families, both civilian and military, throughout Montgomery County and elsewhere in its surrounding counties.
The laws governing legal advertising in the State of Ohio require the following statement in any publication of this kind: “THIS IS AN ADVERTISEMENT.” This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.