My divorce judgement was a buyout and is non-modifiable. I am to pay xxx for 72 months in SS/CS. The exact numbers for each are specified. My financial situation has changed drastically and my attorney and I attempted to modify. The judge ruled that the contract is to remain non-modifiable. DSCC is involved because my ex opened a case with them. They told me they can only enforce the SS numbers that are in the agreement. The agreement states that if CS is modified, then the SS goes up to the xxx number to keep the total monthly dollar amount that number. My question is...if DCSS can only enforce the stated number for SS in the agreement and cannot enforce the part about the SS going up to match the specific number even if CS is modified, will the courts then enforce the part of the judgement about the xxx per month? Or because DCSS is involved, the courts will stay out of it and we found a loophole so to speak? Or yet, will it be considered a modification if the courts change the SS numbers to reflect the new CS and bring than number up to match the xxx number per month? Can they do that even though the judge just ruled that the agreement is non-modifiable? Thank you in advance.
1 Answer from Attorneys
Since you have counsel, you need to ask them.