Legal Question in Family Law in California
Divorced in 1997. Decree stated that my wife would get half of pension. I remarried and wife died. We had a child who is now 11. I have just been declared diabled by the Social Security Ad. I have prostate cancer. I will receive $1788 per month. I will need my entire pension about $1200.00 per month just to raise my 11 year old daughter. My wife has many assets (including the house) and is making close to six figures.Can the divorce decree be modified. And if so, is it possible for me to file the needed forms?
1 Answer from Attorneys
You would need someone to look at the final decree. Generally where there are minor children, the court retains jurisdiction to modify the judgment in case of changed circumstances. In some cases, however, the marital settlement agreement is drawn up to terminate the court's jurisdiction over everything but custody and child support. You probably cannot get the pension provision modified, but with your changed circumstances and the imbalance in incomes, there should be something you can do about spousal or child support adjustments.
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