Legal Question in Family Law in District of Columbia
can support increase reopen divorce?
My divorce stipulated that my ex could not come back and ask for additional child support in exchange for all community property. Now, the last year of support, I am finally back on my feet again and she has filed for increased child support. I now live out of state and only see my child at holiday's, when she is available. If my ex is ignoring our divorce agreement do I have any grounds to reopen the divorce and aquire 1/2 of the community property?
1 Answer from Attorneys
Re: can support increase reopen divorce?
You should direct this question to the attorney(assuming that you had one) who represented you in the original divorce action.
Since the payment of child support is not purely a private matter between the parties(as issues of
public policy are necesssarily implicated), the
court may not consider itself bound by the agreement and may, accordingly, impose its own judgment with respect to this issue.