Child support in Ohio

Columbus Order Modification & Enforcement Attorneys

When you need legal help with child custody and spousal support orders

After a divorce, no matter how careful you and your ex-spouse planned, life goes on and things change. You may find a few years down the road that your divorce decree is no longer compatible with your needs. Your spouse may inform you they are being relocated to another state. Or, you haven’t received a spousal support payment in four months.

Fortunately, you are not permanently tied to your court order, and you do have options if your ex-spouse is not living up to their end of the agreement. The Columbus divorce attorneys at Soroka & Associates help clients with post-divorce modifications when life circumstances have changed, to ensure your family continues forward on the path you’ve created. We also assist with order enforcement, when one party is violating a support or custody order. Contact us today.

What is an order modification?

Your family law or divorce order may be eligible for modification if the court finds you or your ex-spouse have experienced a significant change in circumstances. Common orders the court modifies include:

  • Visitation and parenting time
  • Spousal support (in cases of retaining jurisdiction)
  • Child support
  • Property settlements

Common changes of circumstances include:

  • Significant decrease or increase in income
  • Either party remarrying
  • Either party moving out of state
  • Concerns regarding the physical or mental safety of the children
  • Criminal conviction of either parent
  • Illness or disability
  • Failure to comply with terms of the court order

Our Columbus attorneys can consult with you about whether your case may qualify for an order modification.

What is order enforcement?

If your ex-spouse or co-parent does not comply with a court order – like child custody, child support, or spousal support – you have the right to enforce it via a contempt of court order. To show contempt, your lawyer must show that they were aware of the order, were able to fulfill it, and had no excuse not to. Often, our attorneys can negotiate the issue out of court, but we are ready to fully enforce an order when necessary. Common orders our attorneys help enforce include:

  • Custody and visitation rights
  • Failure to pay spousal support
  • Failure to pay child support
  • Withholding proceeds from property division
  • Violation of domestic orders

Consequences of a contempt order can include criminal charges and civil charges. If your ex was denying you custody time, you may be awarded compensatory time. You may also be awarded attorney fees.

How do I modify a Columbus child custody order?

As we discussed previously, the court will not modify a court order unless substantial changes have occurred since the original order. Per Ohio Code Section 3109.04, these changes include:

  • Changes in the child’s environment
  • The child’s wishes and well-being
  • Changes in the emotional or physical health of the parent
  • Instances of domestic and/or child abuse
  • Relocation of a parent

When modifying a custody order, the court typically takes into consideration many of the same factors they did when making the original custody determination. If you and your co-parent are in agreement about the terms of the custody order, you and your attorney can give it to the court to review. In most cases it will be approved. If the terms are in dispute, however, you will have to go in front of a judge for a final decision.

Remember, the court acts only with the best interest of the child in mind.

How do I modify a Columbus spousal support order?

Changes in circumstances that may make you eligible for a spousal support modification are outlined under Ohio Code Section 3105.18:

A change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, or medical expenses, or other changed circumstances so long as both of the following apply:

(a) The change in circumstances is substantial and makes the existing award no longer reasonable and appropriate.

(b) The change in circumstances was not taken into account by the parties or the court as a basis for the existing award when it was established or last modified, whether or not the change in circumstances was foreseeable.

If you believe your circumstances or your ex-spouse’s circumstances have changed enough to warrant a modification of your order, talk to the attorneys at Soroka & Associates today.

How can your order modification and enforcement attorneys help?

When you and your ex-spouse signed your divorce agreement, you signed a legally binding court document. However, things change. You may be tempted to make informal changes to parenting or spousal support agreements, but this is never a good idea. Even if you and your ex are on amicable terms, in the event of a violation of the agreement, it will not be enforceable in court.

Any time you wish to make a change to your divorce agreement, no matter how minor, it is greatly advisable to consult with an experienced Columbus modification attorney first to ensure you are fully protected.

Do you have an order modification and enforcement attorney near me?

Soroka & Associates is located at 503 South Front Street, Suite 205 in Columbus. Our offices are right near a parking deck, and we’re a few blocks away from Rt. 23 and I-71.

Order enforcement and modification lawyers serving Columbus

The attorneys at Soroka & Associates are here to help with post-divorce court order modifications. If your life circumstances have changed and you wish to modify child custody, spousal support, or other parts of your divorce agreements, we can assist you. We also help clients with enforcement of court orders when one party is violating an agreement. Call 614-358-6525 or fill out our contact form today to set up a consultation. We serve clients in Columbus and throughout Central Ohio, including in Licking County, Delaware County, Fairfield County, and beyond.