How to modify the terms of a divorce/custody agreement?

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How to modify the terms of a divorce/custody agreement?

Ex-husband walked away with 50% custody of children, ability to claim all children for taxes, no alimony and little child support. He played on my hopes for reconciliation. Divorce occurred in a shared-custody-friendly county 2 years ago that ex moved out of shortly after our divorce. I’ve asked ex- to reconsider at least sharing tax exemption but he is refusing. He is a financial adviser that is doing much better than my part-time work. Is it worth taking him back to court or do I have to live with my foolishness of hoping we could work things out and all the benefits he got from that manipulation?

Asked on September 2, 2012 under Family Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the marital dissolution and custody agreement between you and your "ex" is now final after the passage of two (2) plus years, unless there was fraud in connection with the marital settlement agreement, you essentially are stuck with it unless there are provisions within the document itself stating that you can modify it.

As to child custody arrangements. Those agreements are not as firmly set in stone as a marital settlement agreement. As such, you need to read that agreement and then consult with a family law attorney to assist you in setting what your legal recourse may be with your "ex" as to going back to court to modify the agreements or not.


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