In our divorce agreement, I agreed to pay an amount of support as a “gift” above the monthly child support payments. However, my ex-wife has remarried literally months after our divorce was finalized so she no longer needs this extra financial help.
Can I modify the divorce decree or have that clause removed since our divorce was just recently granted?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Illinois divorce laws where I am licensed to practice.
First, there is typically a period of time after the final divorce judgment is entered where either party can ask the court to set aside the judgment. Where I practice, this period is 30 days after the judgment is entered.
Therefore, if you are still within this time period, you may be able to file a motion asking the court to reconsider or set aside your these portions of your judgment of dissolution based on your wife’s remarriage.
Even if you are outside of this time period, you may still be able to file a motion to modify these support payments based on your wife’s remarriage. Whether or not you would be successful on this motion depends on the laws in your state and the factors considered by the courts when deciding whether a modification of support is warranted.
Your wife’s remarriage may affect payments of support to her, but would likely not have any effect on your child support, or any support that you pay for the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction. You should contact a qualified domestic relations attorney to discuss the terms of your judgment and the facts of your case to determine what course of action you may take to attempt to modify these payments.