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what legal basis is required to ask a judge to modify a stipulation of settlement?
Optional Information: Country relating to Question: United States State (if USA): New York Already Tried: preparing an OTSC to request modification of Stipulation of settlement in NYC supreme court
Can you provide a few facts to put this into context?
I am requesting the NYC Supreme court judge who granted the divorce to modify the stipulation of settlement to request that proof of life and proof of non remarriage be provided by ex wife for the duration of the maintenance payment since ex wife resides in Europe . She has committed perjury and lies during the divorce proceedings and will never inform me of her remarriage so that she can continue to collect maintenance . Basically requesting that she has the Burden of Proof that she has not remarried for the duration of the maintenance payments
Has the divorce already been granted and the settlement "proven up" or is this being asked before everything is final?
all completed in January 2012.. ex wife left the US recently for her native France and I cannot verify that she has not remarried. She is french citizen and has never declared her US marriage of 10 years to the french authorities among other frauds she has committed, all documented in the court documents.
You aren't actually asking the court to modify the Settlement Agreement since it has been entered by the court and has now become a part of the court's order. You are going to have to file a Motion to Modify the Order and 1) allege that she has remarried but you are going to need some kind of evidence to back that up or 2) ask the court to make the order for a year at a time with the burden on her to come back and ask to extend the order. Your problem is going to be that there isn't any mechanism to "require her to prove that she hasn't remarried" since that requires that a court keep a file open and revisit the issue periodically. Doing it the way I suggest in #2 solves all the issues. For the grounds to support it you are going to have to have a material change in circumstances and you can claim that the move to France prevents you from verifying she is not married.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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