Am I Able to Request an Increase in Spousal Support?

Navigating the complexities of spousal support, also known as alimony, can be uncharted waters for many. For those whose financial circumstances have shifted post-divorce, the question of whether one can request an increase in spousal support is pertinent and often misunderstood. The Fout Law Office team is dedicated to assisting you in navigating the spousal support modification process to restore your financial stability.

Understanding Spousal Support

Spousal support is a legal obligation imposed by the court on an individual during a divorce or separation. Its primary aim is to ensure financial stability for a partner who may be economically disadvantaged, particularly when the dissolution of a marriage would potentially alter that individual’s financial situation significantly. 

The calculation of spousal support factors in various elements, such as the duration of the marriage, the financial state of each party, and the standard of living maintained during the marriage. In cases like Ohio, the state statute, specifically Section 3105.18, provides a comprehensive set of guidelines that courts consider when establishing spousal support.

Requesting an Increase in Spousal Support: Legal Grounds & Procedures

Securing an increase in spousal support is not an arbitrary or casual matter. It requires concrete legal grounds, often centered around demonstrating a substantial change in one’s financial needs or the paying spouse’s ability to contribute. This can stem from scenarios and life developments not accounted for during the original spousal support arrangement.

Key to this process is filing a modification motion with the court, which includes a detailed explanation of the altered circumstances that necessitate the increase. It’s paramount to provide substantial and compelling evidence that supports the change in spousal support, underpinned by Ohio laws and the court’s prescribed circumstances for modification.

For instance, if you’re seeking modification due to a substantial income loss because of unemployment or health issues, detailed medical and employment records should be in your armament. Similarly, demonstrating that the paying spouse’s financial situation has improved may include an array of documentation, such as tax returns, pay stubs, or financial statements.

Challenges & Considerations in the Process

A significant challenge in requesting an increase in spousal support is balancing the financial risk and gain from such an endeavor. The legal battle often involves emotional intricacies and effective communication with the ex-spouse.

One must also weigh the potential cost of legal proceedings against the anticipated increase in support and overall financial standing. Emotional resilience and a clear understanding of your financial objectives are vital in navigating these challenging waters.

The Imperative of Professional Counsel

Given the complexities surrounding spousal support modification, professional legal counsel is not just advisable but, in many cases, indispensable. A seasoned family law attorney with experience in spousal support cases can provide a strategic and informed legal perspective. The right attorney can guide you through the intricacies, ensuring that your case is effectively presented and your legal rights are protected.

The Takeaway and Moving Forward

Seeking an increase in your spousal support is no easy feat, but assembling a robust legal team, gathering required documents, and bracing for challenges enhances your chances of success. 

If you are contemplating the complexities of requesting an increase in spousal support, the time to act is now. The Fout Law Office team stands ready to empower you with the legal knowledge and support necessary to navigate this intricate process. Contact us today and start shaping a more secure financial future.