QUESTION
In a divorce settlement if one party doesn’t request half of the joint funds can they go back later and get the funds?
Asked on Oct 19th, 2012 on Divorce - Illinois
More details to this question:
One party is wealthy and the other is not. At the time of the divorce settlement the less fortunate party did not request half of anything, property or funds, or accounts. Now it has been three years and the wealthy party is requesting more money for child support and medical insurance. Can the less fortunate party go back and get half of what he was entitled to?
17 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Maybe.
Answered on May 21st, 2013 at 2:09 AM
Steven D. Dunnings
For you to ask such a question suggests you really need to hire an attorney to CYA.
Answered on Oct 23rd, 2012 at 3:16 PM
Michael Paul Vollandt
In California you can file a RFO on omitted asset or debt and the Court will reopen the judgment for those times if you can show that the Judgment truly omitted something in the Judgment.
Answered on Oct 23rd, 2012 at 3:16 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, those requests should have been made then. If the property was hidden, an ex-spouse can file to set aside a decree, but that generally has to be done within one year. This person should seek legal counsel for this issue and the support issue.
Answered on Oct 23rd, 2012 at 3:16 PM
Unfortunately, property settlements are not modifiable. As such, he is not able to go back and get those assets now.
Answered on Oct 23rd, 2012 at 3:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The time to set aside the divorce judgment has passed. You need to contact an attorney to help you with this to ensure all income is calculated in setting child support. If the other side is wealthy perhaps the attorney fees can be paid by the other side. Hindsight is always 20/20. This is an opinion, not legal advice.
Answered on Oct 23rd, 2012 at 3:14 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If there is a missed asset in the case - not disclosed - the asset may be subsequently divided. If the asset(s) is/were disclosed and part of the Judgment, then the asset has been adjudicated, with finality. Only missed, or non-adjudicated community property may subsequently divided.
Answered on Oct 23rd, 2012 at 3:14 PM
A dissolution Judgment can be reopened for assets that were not disclosed and/or divided at the time of entry. You should consult a family law attorney to review the documents and advise you as to what assets may be eligible for division at this time.
Answered on Oct 23rd, 2012 at 3:13 PM
Any party can return to Court and request additional items. Whether or not the Court will grant the request is another matter.
Answered on Oct 23rd, 2012 at 3:12 PM
Dennis P. Mikko
A final Judgment of Divorce settles all property rights between the parties. Once the court enters the Judgment of Divorce, absent fraud, undue influence, etc., neither party can come back to court to seek a change in the property settlement.
Answered on Oct 23rd, 2012 at 3:12 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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in Washington the property and debt division is final absent very special circumstances such as fraud. Because one makes a "bad deal" is not a basis to change the property/debt division.
Answered on Oct 19th, 2012 at 4:43 PM
Melissa Kay-Peterson Roudabush
No- you are likely barred by ccp 473.
Answered on Oct 19th, 2012 at 4:43 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, property settlement decisions are final when approved by the court and cannot be modified later just because you change your mind or decide you made a bad choice. There are some technical exceptions that permit re-opening a judgment, but that is a very difficult and complicated process that you need to consult an attorney about.
Answered on Oct 19th, 2012 at 4:42 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Support obligations are modifiable, equitable distribution matters are not. So the answer is no.
Answered on Oct 19th, 2012 at 4:42 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Unfortunately, unless the settlement was entered into involuntarily (by threat, fraud, etc) you can't reopen the settlement and change its terms.
Answered on Oct 19th, 2012 at 4:41 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Once equitable distribution is finished, it is done forever, unless there was fraud in the process.
Answered on Oct 19th, 2012 at 4:39 PM
No, you cannot go back and modify a divorce decree. This is why it is called a Final Decree, because, it's just that..final. Which is why we as attorneys, fight so hard to get certain language in the decree.
Answered on Oct 19th, 2012 at 4:39 PM