I signed off on my divorce under desperate circumstances, as my husband had tryed to kill me 9 months before, (put on probation only)and I was still afraid to cross him in any way. It was a twelve year verbal and phsically abusive marriage. He makes 400,000. per year, and has a home with no mortgage. I have physical custody of the childre(4), and receive 70,000./ year and cannot work due to child with special needs. My ex threatened me the day before court, and still being under his seige, I assented. I am now healthier (therapy) and cannot make ends meet with this settlement. He clearly can afford more, (he has had an increase as well), but I did sign off. He also it turned out, was gay and acting out our entire marriage. He is now financially abusive and I'm at my ropes end. Is there any way to bring a motion to reopen the case.
2006-08-04 23:53:14 · 11 answers · asked by momofourwithsociopathicex 1 in Politics & Government ➔ Law & Ethics
It drives me insane when women want to "live" off of their ex-husband's money. Get a life! Get a job! Sucks to be you but move on already! So he's got a lot of money and you don't - big deal. Stop looking for a get rich quick scheme.
Besides that, you don't have a leg to stand on in court. What's done is done. You don't "reopen" divorce cases. You marriage has ended. You are just jealous he has money and no mortgage while you are struggling. Like I said, sucks to be you but move on already.
And $70,000.00 a year is NOTHING to sneeze at! I work full time and have a mortgage and manage to survive on half that.
2006-08-05 00:03:08 · answer #1 · answered by Zelda 6 · 0⤊ 0⤋
Reality check: very few women actually get that much support! You're actually very lucky!
If you reopen the case, or go for a modification of the support, I have witnessed cases where neither party was satisfied with the judge's changes! Some judges actually LOWER the support!
So, perhaps you need to do better budgeting?!? There probably are lots of areas where you could be more thrifty, more sparingly.
Or, do you simply enjoy the adrenaline rush of confrontation, and are willing to lose whatever you actually have in the current court order?
Remember, in most jurisdictions, 'support' of the children is based upon the actual amounts needed for their care and upbringing, and if you can justify that there are higher expenses involved, then the judge takes from both parents, equally, the amount needed!
It is simple financial assessment, and you might be levied with MORE 'support' in a re-adjustment of support!!! Go get a worksheet, and figure it out, on paper! Then take all the documents, supporting evidence, to an attorney.
But, 'support' isn't based upon 'ability to pay', it is based upon the needs of the children!
Simple explanation: The children have minimal needs, and both parents are tasked to equally provide for those needs. So, when you petition to get them more support, you are actually asking the court to re-assess your own financial situation, also!
Be careful about what you ask for, as you might be assessed to provide MORE, and the father to provide LESS! I have seen lots of cases of this happening!
2006-08-05 07:11:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First sorry if I can not feel sorry for someone with 4children that can't live on 70,000 a year, having raised four boys and a wife on 30,000 a year. It sounds like you have a budget issue that needs to be addressed.
But you can not reopen a divorce case but you can refile for admended child support and allimony if his finicial situtation changes. But he can also refile at the same time for child custody and try and get the kids back, remember many courts are honoring gay rights to child custody now also.
2006-08-05 11:36:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Petition the court to change the conditions in your divorce with your husband. Prove that you signed the agreement due to threats and request the court to order your husband to increase the financial assistance for the expenses of your children.
2006-08-05 07:14:14 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Most probably not because the time to have raised the issue was then. the time to appeal is over. Unless you receive maintenance, alimony, that can be modified, you are pretty much stuck. While you might have a tort claim, it would liely be barred by collateral estoppel
2006-08-05 07:01:11 · answer #5 · answered by Unknown Oscillator 3 · 0⤊ 0⤋
Why would you want to revisit the issue that has made you miserable all of these years? Do you really want to put yourself through more torment for the sake of getting more money?
Why would you make yourself suffer again?
2006-08-05 07:11:02 · answer #6 · answered by Joe K 6 · 0⤊ 0⤋
No. Once a divorce is final thats it! You can try suing for pain and suffering. You better have great proof though.
2006-08-05 09:41:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
wanting a second bit at the assets
2006-08-05 06:57:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You would have to consult an attorney on this question.
2006-08-05 06:59:09 · answer #9 · answered by FL Girl 6 · 0⤊ 0⤋
nope the divorce was finalized... kewl post anyway bet your not who you say you are eh, jimmy?
2006-08-05 06:59:33 · answer #10 · answered by john_mirra_pbmi 3 · 0⤊ 0⤋