Legal Question in Family Law in Maine

Re: child custody

Yes, it can. You will, however, be required to modify the underlying divorce judgment to protect yourself. In Maine, child support orders are never retroactive; they run from the date of the order until the date they are modified.

Therefore, if the underlying judgment provides that the primary residence of the children is with your ex-wife and that you are to pay her child support, a "side deal" between you and your ex will not end your legal support obligation.

Moreover, there may be other items -such as claiming the children as tax deductions- which may be amended as well.

This does not mean that there has to be an involved court case. If this is done by the agreement of the parties, an agreed-upon motion to modify, together with the amended divorce judgment which lays out the new terms, may be filed with the court.

If you would like to discuss this in more detail, please contact me.