Now that my spouse and I are legally married, can we petition yo have his prior divorce agreement changed?

My spouse pays his ex’s house payment, cell phone bill, and utilities every month, plus she gets half of his IPERS retirement every month.This totals roughly $1900. She is disabled. He is a retired police officer but works 50 hours a week to make ends meet and is going to end up disabled himself for all of the work he has to do to afford this. He claims there is some state code that obligates him to do this. He is 61 and she is at least that, bo children involved. Shouldn’t his inability to survive himself have some bearing on this?

Asked on April 2, 2017 under Family Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Wow.  First, YOU have no standing AT ALL to challenge the prior stipulation of settlement  It is a contract between he and his ex wife.  AS for the particulars involving your State law, I would seek help asap from an attorney in your area on the matter. The agreement was a contract that he agreed to enter in to and it is binding unless it can be set aside on other grounds.  But reading it and knowing the law in your area is crucial to that cause.  Good luck.


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