Under what circumstances can the conditions of a divorce decree be modified?

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Under what circumstances can the conditions of a divorce decree be modified?

My ex-husband and I used a paralegal to complete our divorce papers 2 years ago. He no longer wants to pay on joint debt that we agreed to share in the divorce decree. He wants to go back to court to nullify the previous judgement so that he pay discontinue payment of his debts and request additional funds from the equity in my home. Is this possible?

Asked on January 29, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

The divorce agreement that you entered in to is a contract so modification of a contract will be determined based upon the contract law in your state.  Generally speaking these include fraud, misrepresentation, etc.  But just deciding now you don't like the terms is not really a basis. Now is the time to invest in an attorney. Penny wise pound foolish.  Get help.  Good luck.  


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