Depending on whether you want to ask the court to dismiss the case, or get a judgment, there are specific steps that need to be taken. An attorney would help go over your objectives and then move forward in the direction you would like.
Though an argument could be made if the request were made immediately after she signed the Agreement, and it was entered, a spouse may request a modification of support at any time. Whether it is granted will depend on various factors. If nothing has changed between the time the Agreement was entered into and now, it will be difficult to argue a need to modify support. Below is some of the applicable caselaw and statute it references. I hope this helps. “Modification of spousal support,...
Sometimes it helps to simply quote the law. I hope this is helpful. “Modification of spousal support, even if the prior amount is established by agreement, requires a material change of circumstances since the last order. Change of circumstances means a reduction or increase in the supporting spouse’s ability to pay and/or an increase or decrease in the supported spouse’s needs. It includes all factors affecting need and the ability to pay.” “A trial court considering whether to modify a...
His attorney would be the best person to speak with regarding this issue. If your declaration would assist in truthfully addressing information that is otherwise incorrect and misleading, and may be hurtful to a just outcome of the issue, then the attorney may seriously consider it. Therefore, if your goal is to assist in the outcome of the case, you would speak with his attorney. If the goal is to simply clear your name, you may want to consult your own attorney. (I will use the excellent...
It is unclear whether you filed an OSC for modification of support or custody. In either event, upon filing the OSC the court should have given you a date when the matter will be heard. Your question is a bit confusing as it is unclear whether you are asking about whether you need to file a request for a hearing, or whether the notion of adequate cause is a basis for filing the OSC/Motion/Documents. Your hearing date should be stated on the documents you inititally filed for the modification. I...