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

UPDATED: Sep 2, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 2, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption