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Hello - my father lives in oh, divorced about 8 yrs ago, forced to pay his ex $1000 a month. He asked his lawyer to put something in to say it could not go UP. She put in IT COULD NOT BE CHANGED. The ex is in a nursing home for some time now. Medicaid is paying and she does not even get the money. Dad is 80 with various health issues. He and current wife live on below poverty level income because of the $1000 a mo. He has paid over $40,000 and enough is enough. He has a letter from the Medicaid folks saying 'they take it but she does not get it so they have no problem with him stopping the payment'. But no one will help him or work with him because if the clause 'can't be changed'! It is just ludicrious that judges can overturn murder cases but NOT this tiny divorce issue!?! He has tried everything and of course cannot afford a high-powered lawyer. Can you PLEASE suggest something or someone near 44621 zip that might be able to help him. Don't know where to turn! Thanks! Pamela
State/Country relating to Question: Ohio Already Tried: Before they started trying to get the payment dropped they tried to get fin help from various places but none of them would look at their income as if the $1000 was coming out every month! So no help! Then tried getting the payment cut thru I think child svcs where check goes and thru Medicaid folks there. Medicaid as mentioned said it was okay with them if he quit paying it but others said not unless he gets a judge to take that CAN'T BE CHANGED clause out of his divorce decree. I take care of him in every way I can but am so frustrated because I am not in law and can't figure out how to help him. Thanks.
I'm sorry that I do not have any good results to report to you. If the decree that orders permanent spousal support makes a specific provision that permits the court to modify the spousal support award, the court retains jurisdiction to hear any motion requesting a modification of the existing award. The court can expressly reserve jurisdiction in its order in a contested divorce matter or the parties can agree, in a separation agreement that is subsequently incorporated into a divorce decree, to make spousal support modifiable. If there is no provision contained in the divorce decree (or a separation agreement incorporated into a divorce decree) that reserves the jurisdiction of the court to modify the spousal support award, the award in not modifiable.Here the court did not retain jurisdiction and the award is not modifiable. What he can do to simply stop paying and see what happens. If he is not paying through the courts the problem may be that Medicaid will come after him. It is hard to predict but he can go into court and show that he does not have the resources to continue paying and it will be up to the judge. However the judge does have the power to incarcerate him for not paying.
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