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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27196
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Im a divorced male with a property settlement agreed upon

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I'm a divorced male with a property settlement agreed upon at time of divorce. Since then, x-spouse has remarried. Is it possible to make changes to settlement?
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 morning. I certainly understand the situation and your concern. Would you mind sharing with me the reason(s) you want to change the settlement agreement at this time? Also, how long ago was this entered into?
Customer: replied 3 years ago.

I got my divorce in June of 2012 and settlement was signed the settlement. I wish, since she has re-married, to be released from paying for her vehicle, the air conditioning unit which was a part of martial home that was sold, and be able to deposit the 1600 per month in child support, in a bank account of my choosing that my x-spouse doesn't have access to. And also have the money I pay as child support as a tax deduction.

Barry, thank you for the additional information. If there has been a substantial change in circumstance, you can always petition/motion the court, to modify the previous order. If the settlement was agreed to and signed, there should have been conditions imposed at the time, that would relieve your obligation to pay the car and ac unit, in the event that she marries and/or sells the home. If not, you need to show good cause to the Judge, as to why your obligation to pay should cease and the cost should fall onto her and her new husband. I understand that she married and that would normally be a basis to end any alimony/spousal support but the bills to pay for the car and a/c may continue to run, unless you can show the Judge otherwise. As far as having the child support deposited into an account that she can not touch, that is highly unlikely to happen and she can use the money as she sees fit, for the well being of the child(ren). Unless you can show she is neglecting the children and using the money on other things, the Judge will likely order it remains payable to the current account. The tax deduction is a reasonable request and you can certain ask the Judge to allow you to claim the child(ren) or alternate years. The burden is going to be on you, to show the need to modify it, so make sure you have evidence to support your position, so the Judge will consider it.

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