Legal Question in Family Law in New Jersey
Exhusband wants to change divorce decree after 1 year
My exhusband and his new wife want to change our divorce decree to suit them better. My exhusband is threatening to take me to court because our nearly 20 year old daughter who lives out of state won't talk to him. He blames me for it but I have tried to encourage her to talk to him.
He wants me to have her disclose all her private medical records to him as well as make her sign paperwork so that he can have access to official school transcripts. He says if he doesn't have what he wants he will take me to court and he will not pay for our daughters medical and/or school. Our divorce work says he and I alternate years of tuition. He and his new wife tell me to shove the divorce paperwork up my ass and they want what they want added. Now he is threatening me with taking me to court.
I want to know if he can do this and what I need to do to prepare if I do need to go to court. Thanks.
2 Answers from Attorneys
Re: Exhusband wants to change divorce decree after 1 year
I do not think I can give you any useful advice here. A divorce decree absolutely should NEVER have 'alternating years' for college tuition. you pay this year, then she may never go back, you are out and he has paid nothing. that is a poorly drawn agreement. You will clearly need to defend yourself. I can only suggest finding and hiring a competent divorce attorney. Good luck to you, and I mean that sincerely. I can not tell you how many situations I handle where one side is just unreasonable and the other tries to do the right thing.
I do not think you are near me. However, if you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Exhusband wants to change divorce decree after 1 year
Let's take this one step at a time:
First of all, both parents are entitled to all medical and school information for their unemancipated children. Accordingly, I do not understand why there should be resistance to allowing a release of basic information to a parent.
Second, it really makes no difference who is paying for tuition in any particular year. While I do not really agree with the alternating payment plan, it appears that your intent was to split the cost. Accordingly, neither of you should be limited in your rights based simply on who is paying in any given year.
Third, no one can be stopped from going to Court if they believe they are entitled to some right that is being denied them.
The bottom line is that you should immediately consult with a lawyer about your rights and obligations and, if possible, find a way to alleviate any reasonable concerns of your ex-spouse, in order to save substantial legal expense.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner