More details to this question:
Recently were divorced and settled outside of court with a small child involved. I have recently learned my ex has been using drugs the entire time of our marriage and has stopped paying me for the stuff agreed upon outside of court. I recently learned he lied about his income in the divorce papers and I want to know if I can reopen and ask for alimony. I have only been divorced for a year and 3 months. Can I reopen this case?
6 ANSWERS
Steven D. Dunnings
You need to have an attorney review the Judgment.
Answered on Apr 11th, 2013 at 2:24 PM
1 Award
You can file to modify custody based on your recently learned information regarding his drug usage. The court will order a drug test and, if he tests positive, you should receive a favorable ruling. You can also file to modify child support and request that it be calculated on each party's actual income.
Answered on Dec 03rd, 2012 at 1:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can go after him for more child support. Spousal you need to review the judgment see an attorney about possibly setting aside the judgement.
Answered on Dec 03rd, 2012 at 1:01 PM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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Yes, you can reopen this case since there seems to be fraud involved.
Answered on Dec 03rd, 2012 at 12:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a very, very slim chance of reopening the case. You will have to prove fraud on yourself and the count. Reopening for alimony is particularly difficult. Child support, on the other hand, is based on income and modified on its changing. Out of court and out of judgment agreements are worthless. Drug use can have an effect on parenting time and custody. See and attorney now!
Answered on Dec 03rd, 2012 at 12:40 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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A request to set aside a court order must be filed within 30 days after the date it is signed. After that, the order is final and the only things that can be changed are orders related to children. I suggest you hire a lawyer if you believe there was fraud involved in the matter.
Answered on Dec 03rd, 2012 at 12:40 PM