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.
A:
In Ohio, you can request a modification to your alimony (spousal support) if there's been a significant change in circumstances, such as a decrease in your income or a notable increase in your ex-spouse’s earnings. Even if your divorce agreement doesn’t mention modifications, the court may still consider it if the original order didn't specifically prohibit future changes. You’ll need to file a motion with the court that issued your divorce decree, explaining the change in circumstances and why an adjustment is necessary.
To minimize legal fees, you can file the motion yourself, which is known as representing yourself “pro se.” Ohio courts often have forms online, and you may be able to get help through legal aid clinics, family court facilitators, or local self-help centers. You’ll need to include your financial documents—like pay stubs, tax returns, and a budget—as well as any evidence of your ex-spouse’s increased income if available.
While your ex’s offer of travel points and extra cash might seem generous, it's informal and not legally enforceable. Asking the court to formally increase alimony ensures stability and protection for you. If you're unsure about filing on your own, consider at least a low-cost consultation to review your documents before filing. This way, you can protect your financial future without taking on heavy legal expenses.
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