QUESTION

My ex husband is now using drugs and not helping pay the extra things we had agreed upon outside of court can I reopen?

Asked on Dec 01st, 2012 on Divorce - Texas
More details to this question:
I just want to know after only being divorced for a year I have found out my ex husband has been using drugs the entire time and has stopped paying me for the extra things agreed upon outside of court. When we divorced, we settled outside of court and when we lived together and first got divorced, I only worked part time and want to know if I can go back for alimony? I recently learned he has been lying about the income he put on the divorce papers.
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5 ANSWERS

You can reopen the case if you can show that there was fraud on his part and you relied on it and were damaged.
Answered on Dec 03rd, 2012 at 1:55 PM

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Dennis P. Mikko
You should have a family law attorney review the Judgment of Divorce which will provide information necessary to answer your question. As a general rule, if the Judgment of Divorce states that alimony is being awarded and is forever barred, it cannot be re-opened later. An exception to this rule would be if there was fraud, etc. in the inducement to not seek alimony. The fact that you elected to handle some items outside the Judgment will not be grounds to now re-open it. Again, you should seek legal advise from an attorney.
Answered on Dec 03rd, 2012 at 1:55 PM

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Depending on the provisions of the Judgement, certain issues may be reopened. You should consult with an attorney and review your Judgement of Divorce and determine what issues can be raised in court.
Answered on Dec 03rd, 2012 at 1:55 PM

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Collaborative Divorce Attorney serving Spokane, WA at Burke Law Group, PLLC
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In the State of Washington, it is very difficult to reopen a finalized divorce for the purpose of changing the financial terms of the divorce; it typically requires strong evidence of a party's fraudulent material misrepresentations to the court. If the reason that no spousal maintenance was ordered was principally based upon the alleged inability of the husband to pay, and the supposed wage discrepancy was very significant, then it might be possible able to have the court reopen the case, but there are time limits to doing so. You need to discuss your particular situation and facts with an attorney to determine if there is any basis for doing so at this time. A divorce does not need to be reopened if there is a real safety issue regarding the children that might justify modifying the parenting plan, or the child support needs to be modified due to the substantial income discrepancy. There are legal parameters that determine when the court can consider making modifications; again, an attorney would be able to assist you in this matter.
Answered on Dec 03rd, 2012 at 1:55 PM

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If there has been a material and substantial change of circumstances, orders (including child support) can be changed. I suggest you hire a lawyer.
Answered on Dec 03rd, 2012 at 12:43 PM

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