Q: How can I ask for more alimony in Ohio after my divorce without incurring high legal fees?
I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for expenses, which I'm not comfortable with. I currently earn $10k less than when the agreement was made. There's no specific clause in our agreement about modifying alimony, but I believe my financial situation warrants an increase. How can I pursue more alimony without incurring significant legal fees?
A: If you are not looking to incur legal fees, then you would need to seek out whether you can file a motion to modify the Decree. You would need to read the Ohio Revised Code Section for Spousal Support and see if you can file a motion to modify. Depending on the county you live in you should also look at their local rules for filing post-decree motions. This would put you on your way to perhaps modify spousal support without having to incur legal fees. If you are seeking to hire an attorney, the word "high" is relative to what a person considers "high". See what you have to gain from a change in spousal support over time and then consider is it worth it hire an attorney. I hope this helps you.
Nicholas P. Weiss agrees with this answer
A: If your separation agreement did not reserve the Court's jurisdiction to modify spousal support you cannot do so now. You should speak to your divorce lawyer and review the divorce agreement/decree and see whether jurisdiction to modify was reserved. If so you may file the motion to modify pro se or with the aid of a lawyer. Assuming that you do have the ability to modify the spousal support you need to calculate the difference between what you're currently getting in support and what you're likely to get if you are successful. That will tell you whether it's worthwhile to pay an attorney or risk doing a less than adequate job by filing your own motion.
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