January 10, 2011. Timberlake v. Timberlake. Marion County, Ohio. Ex-Husband asked the Court to terminate his spousal support after wife received an inheritence. The Marion County Court of Common Pleas denied husband’s request to terminate because the Trial Court stated that the parties contemplated the inheritence at the time of the divorce and thus, it was not unforeseeable. The Court of Appeals affirmed the Trial Court’s decision and stated that, “A trial court will have jurisdiction to modify a prior order of spousal support only if the decree of the court expressly reserved jurisdiction to make the modification and if the court finds that a substantial change in circumstances has occurred and that the change had not been contemplated at the time of the original decree.
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