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Can A Stipulation Settlement be revisited

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cmvalentino

Junior Member
What is the name of your state (only U.S. law)? New York

In my divorce Stipulation Settlement, I agreed to sign the family home over to my ex for the fact that she was to have custody of my child. I have since gotten full custody of my child from my ex who has contracted a mental condition that renders her incapable of caring for my child nor herself. Her family is now trying to have all the transfer paperwork that was never done taken care of now.

Since I now have full custody of my child, I want to revisit the Stipulation and once again have a percentage of the family home to use for the caring of my child. I have a strong feeling that her family is trying to take the home from her due to her mental state and do not want for this to happen and lose any percentage that I may be still able to hold on to so that I may be able to use it for my children.

Is it possible for me to have the stipulation revisited and changed??
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? New York

In my divorce Stipulation Settlement, I agreed to sign the family home over to my ex for the fact that she was to have custody of my child. I have since gotten full custody of my child from my ex who has contracted a mental condition that renders her incapable of caring for my child nor herself. Her family is now trying to have all the transfer paperwork that was never done taken care of now.

Since I now have full custody of my child, I want to revisit the Stipulation and once again have a percentage of the family home to use for the caring of my child. I have a strong feeling that her family is trying to take the home from her due to her mental state and do not want for this to happen and lose any percentage that I may be still able to hold on to so that I may be able to use it for my children.

Is it possible for me to have the stipulation revisited and changed??
Was the divorce finalized? Did the court keep jurisdiction over the divorce so that it can change things? What exactly does it state regarding the family home? Quite frankly you may not have a leg to stand on. If your ex is disabled apply for dependent benefits for your child.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? New York

In my divorce Stipulation Settlement, I agreed to sign the family home over to my ex for the fact that she was to have custody of my child. I have since gotten full custody of my child from my ex who has contracted a mental condition that renders her incapable of caring for my child nor herself. Her family is now trying to have all the transfer paperwork that was never done taken care of now.

Since I now have full custody of my child, I want to revisit the Stipulation and once again have a percentage of the family home to use for the caring of my child. I have a strong feeling that her family is trying to take the home from her due to her mental state and do not want for this to happen and lose any percentage that I may be still able to hold on to so that I may be able to use it for my children.

Is it possible for me to have the stipulation revisited and changed??
Like OG said it may not be possible. Either quote here (word for word) what your divorce decree says about the house, or take it to an attorney for any opinion.

However, odds are that the house is her property now, despite any delay in handling the transfer of the deed.
 

mistoffolees

Senior Member
Was the divorce finalized? Did the court keep jurisdiction over the divorce so that it can change things? What exactly does it state regarding the family home? Quite frankly you may not have a leg to stand on. If your ex is disabled apply for dependent benefits for your child.
In addition, look into whether child support can be ordered to be paid out of assets (i.e., the home's equity) in a case like this.
 

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