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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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can you renegotiate a divorce settlement in new jersey

Customer Question

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Submitted: 9 years ago.
Category: Family Law
Expert:  dkennedy replied 9 years ago.


Could you tell me a little more about your question?

What issues did you want to renegotiate?

How long ago was the divorce?


Customer: replied 9 years ago.
the divorce finalized in dec 2006 would like to renegotiate financial issues paying off the house alimony and medical issurance these are all things i must pay however i lost my job in mar 2007 and have no income in order to pay off house i must either sell my home or liquidate my 401k i'll then be homeless or have no retirement the other paryt does have a job and makes approx 85 to 100k a year any hope
Expert:  dkennedy replied 9 years ago.


You would be requesting the court Modify the Divorce Decree. Alimony and other types of support can be modified if there is a substantial change in circumstances. Depending on how the pay off of the house and other things are worded, they may or may not be able to be modified. Property settlements are usually not modifiable, for obvious reasons. Once a piece of property is awarded, it would not be possible to come back in years later and say that person should not have the property, someone else should. But, in your case, if you are required to pay off the house, you may be able to ask the court to grant you an extension, in exchange for giving him something. I do not know all the details, but you get the picture.

You can always ask for a change in alimony, if you lose your job, or because of other things. You cannot go in and "re-do" all the terms of the divorce.

I hope this answers your question.

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