Change in Divorce Agreement

[Emmes mom]

My question is simple. Is there a time period after you are divorced that you must wait before you can go back to the courts and change your agreement? It was agreed that my husband would pay no child support until the child was three- since then I have had some major financial difficulties, and I need help. We were divorced in July 2001. Can I go back and change it now. What do I do?

 

[I AM ALWAYS LIABLE]

It was agreed that my husband would pay no child support until the child was three-

My response:

Did the court give it's "blessing" to this agreement ?

IAAL

 

[Emmes mom]

YES

Ye sif you mean did the Circuit Clerk Sign and Judge look ovr it Etc....yes....

 

[I AM ALWAYS LIABLE]

Re: YES

Ye sif you mean did the Circuit Clerk Sign and Judge look ovr it Etc....yes....

My response:

Well, to me, that's incredible. I've never heard of a court "divesting" itself from jurisdiction over child support - - for any period of time. Usually, courts consider such agreements to be void on their face. I have a feeling that the clerk or the court failed to read that portion of the agreement, and merely signed the orders.

I would definately take your orders and agreement to a local attorney for review to have this portion of the orders and agreement overrules as being void on it's face.

IAAL

 

[dorenephilpot]

In Indiana, you must show either a substantial change in circumstances to warrant going back to court on child support issues OR you must wait at least a year.

That way people aren't back in the courts every two seconds over minor/petty disagreements or changes.

I don't know what the time period is in your state.