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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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If a divorce happened in the early eighties. Spousal support

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If a divorce happened in the early eighties. Spousal support was ordered to pay and has been since. The person recieving the support has never held a job and says will never hold a job as long as they are recieving it. Also has never remarried but lives with has lived with someone for many years. Can the spousal support be overturned?
Submitted: 5 years ago.
Category: Legal
Expert:  John Legal replied 5 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

When in the 80s was your support order entered?

(E) If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, 1986, and before January 1, 1991, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, 1991, the court that enters the decree of divorce or dissolution of marriage does not have jurisdiction to modify the amount or terms of the alimony or spousal support unless the court determines that the circumstances of either party have changed and unless one of the following applies:

(1) In the case of a divorce, the decree or a separation agreement of the parties to the divorce that is incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.

(2) In the case of a dissolution of marriage, the separation agreement that is approved by the court and incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
Customer: replied 5 years ago.
Sorry, had to look up the papers. It was a divorce and it was final in 1996. I guess, I don't understand your answer you sent. Please clarify.
Expert:  John Legal replied 5 years ago.
You said your order was originally entered in the 80s. Ohio law changed in the 80s.

From 1986 forward a support order CAN be modified by you or your ex. You do have to show:

1) that your support order or support agreement specifically authorizes modification or termination.

Since she has already filed and received a prior modification you can and should petition the court for a modification/termination of the support order based on the prior court telling her to get a job.
Customer: replied 5 years ago.
She told her to get a job, but it wasn't documented in the order. Does that matter?
Customer: replied 5 years ago.
Do I get an answer to my last question?
Expert:  John Legal replied 5 years ago.
That does not matter. Of course it would be better as part of the order. However, you can still file based of court statements.
Customer: replied 5 years ago.
She also lives with her boyfriend. With the new laws of living with a significant other. Would that also constitute for spousal termination?
Expert:  John Legal replied 5 years ago.
Her cohabitation can be considered a change of circumstances. It does not automatically terminate a support obligation but can be grounds for the court to terminate your obligation.
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