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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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once a divorce is granted and a parent of one of the divorced

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once a divorce is granted and a parent of one of the divorced parties gives a gift to one of the ex spouses,can the other party try to get claim to some of that money to increase her alimony?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. What is the basis for which the alimony needs to be increased? Has the circumstances changed since it was ordered or does the party just want to try and claim some of that money?
Customer: replied 4 years ago.

She is now going for full custody of the children and looking for more alimony even though she is now making more money herself. Spouse is countering for full custody. I do not know if she aware of the gift but am sure she will ask as I have gifted while they were married.

Thank you for the additional information. The issue with custody of the children is separate and apart. She will need to show a substantial chance in circumstances for the Judge to modify the current order and it will be have to be based upon the best interest of the children. The burden would be on her, as the moving party, to show that it is better for her to have full custody rather then have it shared and you have every legal right to object and rebut her argument. As far as the gift that was received after the divorce, she would have no legal right to it. If she is making more money now then before, there would be no need for additional alimony to be ordered, since it defeats the intended purpose. Even if the gift was given during the marriage, it would not be considered a martial asset unless it was commingled with other assets in the account.
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