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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My ex wife is making noise like she thinks our final decree

Resolved Question:

My ex wife is making noise like she thinks our final decree for divorce - 4 years ago - was not fair and she did not 'get enough'. Meanwhile, there are several declarations in the decree that have not been honored. Most notably, the custody/visitation agreement has not been followed from the beginning and we have generally compromised on who has my sone based on current circumstances. I am not spending a significant amount of time out of state (new girl friend) and I am concerned that she may use that against me while trying to appeal the decree. Do I have anything to worry about?
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

While custody/visitation and the amount of child support can always be modified by the court if the circumstances materially change, as far as the division of property or assets go, absent some serious fraud and/or misrepresentations during the initial divorce, it is extremely unlikely that the court would make any changes to the final distribution of marital property 4 years after the divorce was made final.


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Customer: replied 2 years ago.
I am not concerned about division of property as there really is none to "go after". Since I am out of town about 6 months of year (our divorce decree stated equal custody) does she have a case for requesting a change in the child support? She might add to her "case" that the original decree required that I pay for private school and we have recently agreed to place my son in public school - meaning I no longer pay $1500/mont for school. My income has decreased significantly since the decree. She repeatedly mentions being overwhelmed by trying to manage parental responsibilities while I am out of town - sounding like she is working up making a claim for more money to be used for assistance with child care. Meanwhile, my position is that she would have that responsibility 50% of the time whether I was in town or not. My son is 15. So the question again: do I have anything to be concerned with or should I be preparing in some way to defend myself legally?
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

If you are not sharing custody at 50% that can be a valid reason for a child support payment modification, but also your current income would be taken into consideration and the judge will make his decision based on those factors.

As far as private school, as long as, your son is not attending private school anymore and you both have agreed on his attendance of public school, your wife would not be entitled to claim any part of the private school's tuition that you were ordered to pay, but which no longer exist.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13533
Experience: Licensed experienced Attorney
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