How do renegotiate my divorce settlement

Asked about 2 years ago - Van Nuys, CA

Can I do this and how
Should I hire a lawyer and. Will ex husband pay for lawyer
Need more alimony and a car

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    7

    Answered . I am sorry to hear that you are going through this. You should look to your agreement regarding modification and get the consult of an attorney in your area. I wish you the best.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Daniel Seth Williams

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Once your divorce is finalized, there is very little wiggle room to have the Judgment set-aside. Factors to consider are, how much time has passed, what grounds you are trying to have it set aside on (fraud, duress, undue influence, unsound mind etc.) and as far as for needing a lawyer, it would be difficult to see a scenario where it could be done without someone who has done it before. As for him paying for the lawyer, that depends on his ability to pay, and your necessity for a lawyer.

    Attorney Williams practices FAMILY LAW throughout the State of California. The response provided in this forum is... more
  3. Donald Frederick Conviser

    Contributor Level 19

    3

    Lawyers agree

    Answered . Accord with Mr. Williams' excellent response. When you use the word "renegotiate", that implies that a divorce settlement was already negotiated. If a MSA or Judgment was signed by both parties and submitted to the Court, your only viable options and their Statutes of Limitations are set forth in Family Code Section 2122. If an MSA was negotiated but not signed, you have "wiggle room" to renegotiate it. If the area you want to "renegotiate" is Spousal or Child Support, you would need a material change of circumstances to modify those terms in a Judgment. You should retain an experienced Family Law Attorney to advise and represent you without delay. If your ex-husband earns significantly more than you earn, you would likely qualify for an attorney's fee award if properly sought. Regarding your need for a car, you will need to discuss that with your lawyer - the Court doesn't make "car" awards, other than in its division of community property.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,153 answers this week

2,234 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,153 answers this week

2,234 attorneys answering