Termination of spousal support

[sonnyglare]

What is the name of your state? Lorrain County, Ohio

My first wife and I were divorced in 1999. One of the provisions in our divorce decree was that "spousal support shall terminate upon the Husband's retirement." I will retire as of July 1, 2008. I have spoken with my ex-wife and she is co-operative and agreeable to the termination. This is a friendly relationship and she has found employment that exceeds anything I will have with social security and my small pension. I do not plan to request support from her.

I am told by the office of the common pleas court that I must file a motion through an attorney at a cost that they estimate at $500 or above. They also tell me that I can file my own motion without an attorney for court costs estimated at under $100. I have agreed with my ex-wife to pay whatever costs are involved but, naturally, I would like to reduce the cost.

My question...since this is a provision of the divorce decree and both parties are in agreement, is there not a simpler way to do this? I can certainly prepare a motion if I can find the correct form or format to do it.

Cheers,
Sonnyglae

[Ohiogal]

File to terminate spousal support -- just a simple motion with filing fee. Is CSEA managing the spousal support? IF so you can file through them and just send in a copy of your divorce decree with proof of retirement.

[sonnyglare]

Yes, CSEA is managing the payments. They are deducted from my paycheck and payments are made to my ex-wife.

CSEA is telling me that I must go to court and that a simple letter from my employer and a copy of the decree are not enough. I must file a motion as you say but can I do that myself? If so, where can I find the proper form for the motion?

[Ohiogal]

Yes. See if Lorain County Clerk has a simple motion -- to the motion you would attach a copy of your decree and proof of retirement. And if your ex agrees, then you can file a joint entry stating quite simply that both of you agree that as of June 1, 2008, spousal support terminates. The joint entry would have the same caption as your divorce, simply state what the two of you agree, be signed by both of you and have a space for the judge to sign. And if you can't do that, you need an attorney.