Legal Question in Family Law in California
Can settlement terms be changed?
I have been divorced for 5 years and when my ex and I worked out our settlement (using a paralegal) I settled for a settlement of $40,000 cash plus child support. Am still receiving child support for one child (17years old) My other child is 20 and my ex stopped paying support when she turned 18. He recently sold the family home which we paid $130,000 for when we bought it in 1989. He sold the home for $349,000. Now it seems that he feels he does not have to give me any of the profit made on this home. We were married for 22 years and I just recently lost my job. Is it possible to get him to give me a portion of the profit? Even a small portion. Can our property settlement be changed? What I hope to do is threaten legal action, but want to know if I have a legal leg to stand on here.
4 Answers from Attorneys
Re: Can settlement terms be changed?
It depends upon what the judgment of divorce states and the marital settlement agreement. If the $40K was an equilization payment regarding the family home you might be out of luck, unless, you could prove that the value of the home was misrepresented to you at the time. Please consult a local attorney to assist you. Good luck and thanks for inquiring.
Re: Can settlement terms be changed?
It depends entirely on what your settlement agreement states. If it states he gets the house, I doubt you will be able to change it just because it turned out to have been a bad deal for you. If it states you are supposed to share in the proceeds, you could have a great deal. Courts are loath to reopen settlements absent fraud, disability, duress, etc. Just making, in retrospect, a bad deal for oneself is not likely to be accepted. The settlement agreement would have to be reviewed in detail to pin down your chances.
Re: Can settlement terms be changed?
your legal standing here to sue is more or less contingent upon the wording of your actual settlement agreement. this contract will dictate who is or is not entitled to what, including the home proceeds at issue now. if you would like to email me with your contact information for a free case evaluation/consultation, feel free to do so at some point today.
Re: Can settlement terms be changed?
Doubtful however you may have a chance. Sometimes litigation forces settlement. Call me directly at (619) 222-3504.
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