Legal Question in Family Law in California

I want to know if I could have mistakenly signed my rights away in my California divorce. California Family Code Section 3591 1b states "An agreement may not be modified or terminated as to an amount that accrued before the date of the filing of the ntoice of motion or order to show cause to modify or terminate.

In my Stipulation order of 1999 there is a handwritten clause added at the end which states, "Orders are made without prejudice and subject to modification from the date of filing of the motion."

My ex is now trying to retroactively change the order to the date of signing in 1999. Is this possible?


Asked on 1/11/10, 10:14 am

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

The date the motion to modify was originally filed is the effective date. If it is child support, it is always modifiable based on circumstance. You probably should get an attorney to look at it.

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Answered on 1/18/10, 7:12 pm


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