Legal Question in Family Law in Virginia

alimony

Hi,

I entered into an agreement with my wife (we are separated now) a couple years ago. We have not went to court yet to incorporate this agreement into a divorce degree. My finances are about to change with a job change in my near future. I have 3 questions. FIRST... there are things that are grossly unfair in our agreement...can it be changed? SECOND... My friend got divorced and they had to answer questions in court in front of the judge like ''Do you believe this agreement is fair'' and ''did you enter into this agreement on your own and were you in sound mind and body at the time'' stuff like that. Can your answers change wheather or not it is incorporated. I was not in sound mind and my ex told me if I didn't sign it she would not let me see our child. THIRD... Since my income is changing drastically very soon... Our agreement says that both alimony and child support can be altered by a court of competent jurisdiction... can that be changed at court time or does she have to agree to that also. I am military and I am retiring. Thank you.


Asked on 8/19/08, 5:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: alimony

1. Generally, only if the other party to the contract(your wife in this case) agrees.

2. Sure, you could tell the judge during the "ore tenus" hearing which you've described that you now feel the PSA(Property Settlement Agreement) is unfair for whatever reason. Which, of course, in no

way implies that the juge would agree with you and allow its terms to be altered.

3. Yes, (same as answer #1).

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Answered on 8/24/08, 12:32 pm


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