QUESTION
Can I request modification now or do I need to wait because I have health issues that have gotten worst since the agreement?
Asked on Jan 25th, 2014 on Divorce - Florida
More details to this question:
My divorce was finalized one month ago however I agreed to settle because at the time, my kids and I were homeless and the settlement agreement gave me temporary custody of the house (until it sold). I agreed with my ex-spouse’s terms for settlement because of what I researched is called economic duress. Now I want to request modification.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can only modify the custody and child support arrangement if there has been a material and substantial change in circumstances. You might be able to appeal the judgment within the next 12 days, but I would be hard pressed to let you have a second bite at the apple when you could have held out for more when you agreed to the terms 30 days ago. You need to talk with your attorney about this.
Answered on Jan 29th, 2014 at 8:11 PM
You can request a modification at any time. Be certain to bring your ?documentation? as ?evidence? to support your request for modification. The Court will not just take your word for it.
Answered on Jan 29th, 2014 at 8:01 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You have 30 days from the time the order was signed to try to overturn the property settlement terms of the order after that it is too late. You can file to modify the terms of the suit affecting the parent child relationship any time and you need only show that the circumstances have materially and substantially changed.
Answered on Jan 29th, 2014 at 7:57 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Talk to your attorney about the grounds necessary. Be sure to mention "substantial change of circumstances".
Answered on Jan 29th, 2014 at 7:49 PM