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rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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CAN YOU CHANGE YOU SPOUSAL SUPPORT AFTER YOUR DIVORCE IS OVER,

Customer Question

CAN YOU CHANGE YOU SPOUSAL SUPPORT AFTER YOUR DIVORCE IS OVER, IF YOU CAN NO LONGER AFFORD IT? WHAT CAN YOU DO IF YOUR 9 YEAR OLD SON TELLS YOU HE WOULD RATHER LIVE WITH YOU, THAN HIS MOTHER? CAN YOU USE A LAWYER FROM ALABAMA, WHICH IS WHERE I RESIDE NOW, RATHER THAN KENTUCKY, WHERE MY DIVORCED WAS FINALIZED?
Submitted: 8 years ago.
Category: Family Law
Expert:  rvlaw replied 8 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that while I assist you, I don't know what you already know about the issue unless you tell me.

 

1. If there is a significant change in your finances, you can make an application for modification if the changes warrant reconfiguration of the Kentucky.

 

2. You can also move to change the custody order.

 

3. These applications must be made in Kentucky especially since at this time that state has the greater interest in the welfare of your son. Remember the criterion is always the best interest of the child.

 

4. The judge may or may not consider the views of your son based on his maturity and his reasons for the change.

 

rich

Customer: replied 8 years ago.
THERE IS NO SIGNIFIGANT CHANGE IN MY FINANCES, ALTHOUGH SHE NOW HAS A JOB. I KIND OF RUSHED TO END THE DIVORCE CONCIDERING I WAS SUPPOSED TO BE GETTING REMARRIED ON APRIL 12TH 2008 INSTEAD OF MAY 2ND 2008. WHEN THE SHE FOUND THAT OUT SHE RAISED MY SPOUSAL SUPPORT IN THE AGREEMENT 60%. KNOWING I WAS GOING TO SIGN IT TO GET MARRIED. MY KIDS SINCE THE DIVORCE WITH MY X WIFE HAVE BEEN EVICTED TWICE, KICKED OUT OF HER FATHERS, KICKED OUT OF A BOYFRIENDS, AND WERE LIVING IN A HOMELESS SHELTER SINCE OUR DIVORCE.(6 MONTHS AGO). AND I HAVENT MISSED ONE CHILD NOR SPOUSAL SUPPORT PAYMENT. I BELIEVE MY SON IS JUST WANTING A MORE STABLE LIFESTYLE. HOPEFULLY IT ISN'T LOST HOPE AND THERE IS SOMETHING I CAN DO. I KNOW HAVE A FAMILY WITH MY NEW WIFE AND TWO CHILDREN. ONE I ADOPTED, AND ONE OURS. I JUST HATE SEEING HER BUST BALLS TRYING TO MAKE OUR MENDS MEET.
Expert:  rvlaw replied 8 years ago.

1 In retrospect, the rush to divorce here was probably a bad move....but you did agree to the increased support. Now she has a contract that you will breach if you give your less than the agreement provides even if you got the court to modify it. It sounds contradictory, but you did agree in an agreement.

 

2. It sounds like you have a very good chance at getting custody of your son based on the facts here. He is certainly not living in a stable environment now.

 

rich