Legal Question in Family Law in California
Revised Settlement Agreement / Support Modification
2 years ago,when my ex-wife and I divorced, we mediated a settlement agreement and a child support schedule. The child support was calculated based upon 50% custody for each of us. For the past 2 years, the true time of custody has been closer to 90% / 10%. I have been paying dutifully each month eventhough my daughter is almost always with me. I have approached my ex-wife to revise our agreement (our agreement provides for this). She has threatened to reopen the case and sue for additional assets and additional spousal support. Bottom line. Can she be successful in this?
2 Answers from Attorneys
Reply: Revised Settlement Agreement / Support Modification
In a general sense, it may be too late to re-open your divorce case and ask for additional property or spousal support. Your documents would first have to be reviewed before an opinion could be expressed.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Revised Settlement Agreement / Support Modification
It would be very difficult for her to "re-open" your previous final judgment, however it is possible depending on what she argues. With respect to modifying Child Custody and Support, that can be modified based on a significant change of circumstances, and what is in the best interest of the child. If what you say is true, i.e., you have 90% custody and are paying at 50% custody, and you can prove it, I say do a motion to modify existing custody and support to reflect your actual circumstances.
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