QUESTION
Can one modify a divorce settlement for future retirement benefits that were agreed upon in mediation?
Asked on Nov 27th, 2013 on Divorce - Texas
More details to this question:
I agreed to a percentage but didn’t specify a date to base it on so the court based it on when I finally retire. The divorce was signed in April 2009.
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Too late now. You only had a limited amount of time to appeal and since you agreed to the deal, you are now stuck with it.
Answered on Dec 03rd, 2013 at 9:38 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Generally orders concerning property are final unless both parties agree in writing to a modification.
Answered on Dec 03rd, 2013 at 9:37 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Modifications are generally allowed in custody, support and visitation issues when there is a change of circumstances. There is usually no opportunity to modify a property settlement issue. If the divorce was back in 2009, your right to appeal has also passed. Sorry.
Answered on Nov 27th, 2013 at 5:04 PM
Good question. Yes, you can go back to mediation for modification of any issue. Of course, mediation will require the agreement of both parties to participate. Good luck.
Answered on Nov 27th, 2013 at 5:04 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If the order is specific about the percentage, date of calculation, etc. the court has no authority to change the order. I suggest you consult a lawyer.
Answered on Nov 27th, 2013 at 5:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not modifiable except by agreement of the parties, it is a little late.
Answered on Nov 27th, 2013 at 5:04 PM