Legal Question in Family Law in Maryland
Modification of Alimony
After our divorce, but before settling all remaining issues, my ex gave up custody. Due to the short lead time, the custody consent order did not set child support to be paid to me, it just ended my support payment, "subject to further order from the court". The consent order also said that in all other aspects, the agreement remained intact and was signed by both sides. I then asked the court to set child support. She is fighting this, and has hired a new attorney. The attorney is threatening to file for an increase in alimony (which was set by mutual agreement early in the divorce proceedings) due to the change in her circumstances (solely the change in child support). It also appears that my ex wants to change the asset division (which was done by agreement, read into the court record, with a consent order signed by the previous attorney over 90 days ago).
Can they file for changes in alimony based solely on the child support payment change, or still file for a change in asset division? Will the court grant a hearing on these matters? Or is all of this just a scare tactic?
1 Answer from Attorneys
Re: Modification of Alimony
Well, if you have an attorney, it is best to discuss this with the attorney. However, if you do not, I would recommend seeking an attorney in this matter.
As for the questions:
One, alimony and child support are separate issues. Alimony is for the spouse while child support is for the children. Furthermore, either can be changed with a substantial change in circumstances. However, not getting child support should not change the alimony issues.
As for the agreement, it is a contract between that parties that signed it and nothing more. If one party breaches the agreement, the court will have to enforce it.
If the agreement is entered into the record and signed by the court, it is then an order and enforcement is in the form of contempt on the breaching party.
If the divorce is done. It is unlikely that any change to the asset division will be granted, unless there was fraud, duress and or cohersion.
Contact a lawyer if you do not already have one.
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