Legal Question in Family Law in Maryland
My ex-husband and I received an absolute divorce in March 2007. In 01/2010 he filed to have the divorce decree amended. He is requesting retirement benefit rights and child support reduction for our child who is 18 years old in November 2009. Is it possible that the judge will amend the divorce decree? My ex said he did not know what he was signing.
1 Answer from Attorneys
The child support modification will occur if the child is 18 and has graduated from high school. If the child is still in high school, then child support will run until graduation or the 19th birthday, whichever occurs soonest.
Regarding retirement benefits, his right to the marital portion of your retirement benefits was terminated upon the granting of the absolute divorce, unless the judge specifically reserved that issue for later adjudication. It is customary for both parties to be put under oath and questioned regarding the terms of settlement and whether they understand that they cannot come back to court for alimony or retirement benefits after the divorce is granted.
Unless your ex can establish that fraud or coercion existed that led him to agree to waive retirement benefits, he will not prevail on that issue.
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