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Can I reopen or modify a separation agreement if both my ex husband and I have moved out of the state in which we got divorced?

Oceanside, CA |

My ex and I got divorced in Colorado and there were a lot of stipulations in our separation agreement that I did not find appropriate, however, I had to agree to them in order to get him to sign the papers to allow me and our daughter to move out of state. One of those stipulations is that he is waived from all child support and the other is that he gets to claim her on his taxes. I don't mind not receiving child support, but I don't agree that he gets to claim her. I have tried to work with him to modify the agreement but he refuses; however, I just found out that he has moved out of Colorado to California (where my daughter and I live). Can I reopen the case somehow and take it to court to have it modified since we both no longer live in the state in which the divorce took place?

Attorney Answers 2


You can file an action in California where you both live.

Robert Ricci, Jr., Esq.
1743 St. Georges Avenue
Rahway, NJ 07065

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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You can enroll your Colorado judgment in California and then file an action here to modify child support. Waiving child support is unenforceable. Someone has a right to support depending on income and timeshare. You can waive spousal support, but not child support. Child support is modifiable. The Court has the right to decide who gets to claim the child for tax purposes if you can't agree.

This response is for general information purposes only and does not constitute an attorney-client relationship, nor is it legal advice to be relied on. I recommend an in-person consultation with an attorney who can gather more information.

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and who will be claiming the child on taxes is part of the California child support calculation.

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