The terms of an Ohio divorce should clearly define the financial arrangement as it applies to spousal and child support. There may come a time for modification to either child or spousal support, for which the court will need to render a decision, should the former spouses not agree on a new arrangement. An ex-husband is seeking to terminate the spousal support he currently pays.
The man’s ex-wife and her new partner recently went through a commitment ceremony, and he feels he should no longer be expected to pay the spousal support as determined in their divorce arrangement. His ex-wife does not agree, and the court has sided with her. They have ruled that the ceremony was not a marriage and does not negate the terms of the divorce arrangement.
The ex-wife’s attorney explained that a couple has to have a license as well as witnesses for the union to be legally binding. In this case, neither transpired to make it a legal action, and they live in a state that does not recognize a common law marriage. Any further pursuit of legal action by the husband will need to be taken to the state’s Supreme Court.
Unless some type of legal action is taken by the ex-wife, the man must continue to pay spousal support in the amount set forth by the divorce agreement or face consequences. Wage garnishments, fines and even jail time could be the future of a former spouse who reneges on court-ordered payments. Those who are having a difficult time collecting the money they are owed will want to consult an Ohio attorney for assistance in the enforcement of the support order.