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Divorce & Starting Over Divorce & Starting Over

Non-modifiable divorce decree??

Posted by on Sep. 24, 2012 at 10:43 PM
  • 10 Replies

When your divorce decree says non-modifiable, does that mean that it can never be changed? I am wondering because exdh is letting me have our dd's fulltime now with him having his visits on the weekend. We were sharing custody 50/50 but he has decided to move 4 hours away to be with his gf. 

I was wondering about child support. Since we were doing 50/50 custody, neither of us had to pay CS. So I guess I need to know how to get it changed, or if I CAN change it. I know I will more than likely need a lawyer and we will end up in court.....But I feel that if I am going to have them 98% of the time, then he should help out. Idk where to go from here...any advice would be helpful. THanks! :) 

by on Sep. 24, 2012 at 10:43 PM
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Replies (1-10):
cara124
by Cara on Sep. 25, 2012 at 9:00 AM

I think that is referring to things between you & the ex like debt, cars , property ect. Child custody & support are different from those things & can be changed ( after going to court ) if something changes in each parents life. But you do need to get an attorney .

momof2cuteboys
by on Sep. 25, 2012 at 10:52 AM

I've never seen non-modifiable refer to visitation or CS.  I would definitely get an attorney as your situation has significant change.

RLSMOM59
by Silver Member on Sep. 25, 2012 at 1:05 PM
You may want to read ur papers again. Look to see what is non-modifiable..cs or alimony. Thats what normally what the person paying tries to get fixed payments for
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miss_AP
by on Sep. 25, 2012 at 5:19 PM

The divorce decree is not the same as the parenting plan. Its incorporated. But a non-modifiable decree means you can't move to have the judgment vacated and still be married. Lots of places mean you can't change the asset/debt allocation settlement but not always.

michiganmom5150
by on Sep. 26, 2012 at 7:13 AM
Child support is not part of that. Think about it like this. If one of you lost a job or started making tons of money, somebody would be paying! He should be paying if you will have the kid most of the time. You just have to file it.
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michiganmom5150
by on Sep. 26, 2012 at 7:16 AM
This usually means things you owned jointly. So you can't go back and say, you know, I wanted that couch or that vehicle instead. Custody things are always able to change.


Quoting cara124:

I think that is referring to things between you & the ex like debt, cars , property ect. Child custody & support are different from those things & can be changed ( after going to court ) if something changes in each parents life. But you do need to get an attorney .


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RLSMOM59
by Silver Member on Sep. 26, 2012 at 7:29 AM

CS can be part of the divorce decree, mine is. The OP really needs to read her paperwork to see what is non-modifiable, it is usually some form of payment. If it states no CS because of the shared parenting, then she can not go back and get it changed. If it states no alimony, then she cannot go back and ask for it.

On a positive note, if he has to pay alimony for example of $1500 a month because he makes XXX amount and knows he can make more, she cannot go back for increases.  The downside for him is if he loses his earning potential, he still has to pay the $1500 per month.

From what I have read, something that is non-modifiable is hard to change. I hope she gets it worked out.

Quoting michiganmom5150:

Child support is not part of that. Think about it like this. If one of you lost a job or started making tons of money, somebody would be paying! He should be paying if you will have the kid most of the time. You just have to file it.


zoehopemama
by on Sep. 27, 2012 at 8:34 PM
Thanks ladies. I will need to dig my papers out a go over them again. Iwill let everyone know how it goes. He is still being a huge jerk about everything.
mhyde1017
by on Oct. 5, 2012 at 11:10 AM

I work in the legal field in family law...i am NOT an attorney but I am a paralegal; I have never heard of a non-changeable decree; you should be able to petition the Court for a change or just simply file for child support. What state do you live in????

 

zoehopemama
by on Oct. 5, 2012 at 7:17 PM

 I live in MO

Quoting mhyde1017:

I work in the legal field in family law...i am NOT an attorney but I am a paralegal; I have never heard of a non-changeable decree; you should be able to petition the Court for a change or just simply file for child support. What state do you live in????

 

 

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