Legal Question in Family Law in California
In the state of California, can my spouse come after me for more than we agreed to two years after the divorce was finalized?
2 Answers from Attorneys
Under certain circumstances, yes. If there were assets or debts that were not allocated in the divorce, yes. If there was fraud or hidden assets, yes. If the court retained jurisdiction to modify spousal support, yes. And of course child support remains open to modification until each child turns 18 and is no longer in high school, or turns 19, whichever comes first.
It depends on the reasons. Motions to set aside marriage settlement agreements that are incorporated into divorce judgments are governed by statutory time frames. If it was a judgment as a result of an actual trial on issues, then that is also governed by certain time frames.