How to modify a divorce decree?

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How to modify a divorce decree?

I was not pension eligible but had vested rights 27 years ago. I could not afford the $24K lump sum so the court ordered that when I became pension eligible I was to pay my ex $400 per month for her entire life. I have already paid well in excess of the $24K amount. Is it possible to have this provision modified?

Asked on October 19, 2011 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A divorce decree *may* be modified, if there is a sufficient change in circumstances as to warrant it. A classic example would be if the decree was issued when the husband was earning $200k per year, and required him to pay his wife $4k or so per month in support. If the now-ex husband later lost his job in the Great Recession and remained unemployed for over 2 years, eventually running through even his unemployment compensation, he could seek a modification to reduce the support he had to pay to manageable levels.

However, you are not describing a change in circumstances: you had a choice when you divorced, to either pay the $24k or pay $400 per month for life. Even if you have now paid more than you would have paid had you then paid the lump sum, that does not represent any change or alteration in circumstances: it was foreseeable at the time of the decree that, if you and she lived long enough, this would happen. Therefore, it is very unlikely that you would be granted this modification.

Nonetheless, if you wish to explore the possibilities, you should consult with a family or matrionial law attorney. Modifying a decree would involve bringing a legal action.


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