QUESTION

How long do I need to wait on a modification of spousal support by judge? Is there anything I can do if I feel the judge is not competent?

Asked on Apr 13th, 2012 on Family Law - Ohio
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I appealed to the court in Ohio for modification of alimony because my income is much less than when I divorced and my ex now makes more than me. It took 2 yrs to even get a hearing. Once I did the judge said she would have her decision by Christmas. It is now April and I am still waiting. I live in another state than the one I obtained divorce. My lawyer will not return my calls except rarely, and when he does he just says "wait". Calls to the courts have produced no results. In the meantime half of my unemployment is being taken for spousal support while my ex is living off more than I am. I don''t just want relief, I NEED it! I am about to lose my home and car if this does not get resolved. Please advise!
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Business Divorce Litigation Attorney serving Houston, TX at Havins & Associates, PC
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You asked:  How long do I need to wait on a modification of spousal support by judge? Is there anything I can do if I feel the judge is not competent?Additional Details:I appealed to the court in Ohio for modification of alimony because my income is much less than when I divorced and my ex now makes more than me. It took 2 yrs to even get a hearing. Once I did the judge said she would have her decision by Christmas. It is now April and I am still waiting. I live in another state than the one I obtained divorce. My lawyer will not return my calls except rarely, and when he does he just says "wait". Calls to the courts have produced no results. In the meantime half of my unemployment is being taken for spousal support while my ex is living off more than I am. I don''t just want relief, I NEED it! I am about to lose my home and car if this does not get resolved. Please advise! I am a Michigan lawyer, and cannot advise you on Ohio law; however, I may be able to offer some guidance.  Some Judgments of Divorce specify that alimony is modifiable or non-modifiable.  If it is non-modifiable, then there may be no remedy.  If the alimony is modifiable, then your lawyer should have filed a motion to modify alimony.  As an attorney, it is frustrating when a judge has held an issue under advisement, then fails to issue an order within a reasonable time.  There are several things you may be able to do:  1) if your attorney is not responsive, hire a new attorney; 2) Ohio, like most states, should have a judicial tenure commission or a similarly named department with which you may file a grievance or complaint; 3) your attorney may be able to call the Court, send a letter, or file another motion; 4) Some states have a department called State Court Administrator's Office.  This may be a separate department or part of the Supreme Court of Ohio.  If so, you may be able to call them with a complaint that they can handle either formally or informally. Stu Shafer
Answered on Apr 14th, 2012 at 6:05 PM

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