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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2166
Experience:  Practicing Attorney with 10 years experience
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I wanted to know if there is a way to modify a divorce

Customer Question

I wanted to know if there is a way to modify a divorce decree regarding payment of college tuition. My ex-wife and I are obligated to pay 50% of our daughters college tuition. I wanted her to get a job this summer to contribute to her education instead my ex-wife sent her to summer school so that she can enjoy her summer. I am paying back taxes and I owe arrears. Due to my wife's income my daughter does not qualify for financial aid. Now I am expected to pay $535 towards arrears and $7,000 a semester for college tuition. My tax return was $34,000 in joint incomes between myself and my wife. I don't get any tax breaks because I am not the custodial parent. We divorced in 2002. I live in Los Angeles, CA and the case is in Miami Dade County Florida. Should I pursue a post-judgement modification? Thanks for your time.
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

Yes you absolutely should file for a modification. One of the bases for a judge to consider a modification is when the parties' circumstances have changed.

Customer: replied 1 year ago.
What are the chances they would modify the decree? I don't want to pursue this if they are just going to tell me to find the money.
Expert:  Asad Rahman replied 1 year ago.

It always depends on the judge but based on your situation now it is certainly something the judge should strongly consider. Do you have more children?

Customer: replied 1 year ago.
No. Just married.
Expert:  Asad Rahman replied 1 year ago.

Ok. Still I think it is worth considering by the judge especially if your ex's income has changed significantly.

Customer: replied 1 year ago.
Her income is based on her husband's income. I believe she is a stay at home mom but I'm not sure. She provides his income when providing financials. Not sure how this will affect college but clearly my daughter couldn't get financial aid based on a high number she provided. At the time of our divorce she was not married.
Expert:  Asad Rahman replied 1 year ago.

So that does fall under the definition of a changed circumstance that the judge should consider.

Expert:  Asad Rahman replied 1 year ago.

If you have no further questions positive rating would be appreciated.