QUESTION
Can I take my ex back to court to extend the court ordered maintenance?
Asked on Nov 13th, 2013 on Divorce - Washington
More details to this question:
I have a 3 year court order maintenance to be paid to me by ex husband. We were married for 10 years. However, he had income increase, and I am struggling very bad. Would I be able to take him back to court to see if I am able to get longer maintenance from him? I retire in 3 years, he will still be working. Our age difference is 17 years.
6 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Maintenance is modifiable with a change in circumstances, at least in Nebraska. If there has been a change in your circumstances, such as illness, reduction in your income, etc., you can file an Application to modify the length of the term of the maintenance.
Answered on Nov 15th, 2013 at 7:02 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You can always make the request but the decision is up to the Judge. If your Final Judgment states the support is "non-modifiable" you may be out of luck.
Answered on Nov 15th, 2013 at 7:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Read the terms of your dissolution, it should state whether the ordered maintenance is modifiable.
Answered on Nov 15th, 2013 at 7:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I strongly doubt it. You had your opportunity to ask for maintenance and you got it. This is particularly the case if it is not his fault that you are having a hard time of it.
Answered on Nov 15th, 2013 at 7:01 PM
It depends upon the terms of your judgment. If the court reserved jurisdiction then you can bring a motion to change the support. If it did not reserve jurisdiction, then there is nothing you can do.
Answered on Nov 15th, 2013 at 6:57 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No. You were lucky to get maintenance for 3 years given that you were only married for 10. His increased earnings are not a basis to get more maintenance since the increase came after you were divorced. I assume you are working. If not, you need to get a job. The fact that he is younger is not relevant to maintenance.
Answered on Nov 14th, 2013 at 4:30 PM