Legal Question in Family Law in Virginia

Changing a divorce decree

Can a Divorce decree be changed if one of the parties in question does not want it? The home I live in is half my ex-spouse and I. With that we pay 1/2 the mortgage. Over the years he paid a little more than half. I finally was able to start paying more than he did so now I pay more than half. Un officially we had made a pact that I would be able to live it in till I retired. This will be in 5-6 more years. We would then split profits equally. During the years I have paid alone for a New Roof, heating system, two bath rooms, etc. Even though the divorce decree said for him to pay only $100 a month for each child, he never did. Now he wants to change and not pay for the house. My two daughters still live with me. Even though I had put in more money than he in the house, I still would have stayed on our pact to split it evenly. Now he wants me to pay for the full morgage by my self. What can I do?


Asked on 11/02/03, 1:09 pm

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

Re: Changing a divorce decree

A divorce decree which has become final cannot be unilaterally altered by one of the parties without permission of the court, which could only come in the form of a new order after a proper hearing and the presentation of evidence regarding the matters at issue. If your ex-husband retains an attorney to file motions to get such a hearing, you should, also, have an attorney to represent your opposing interests which might well, also, include pursuing all of the unpaid child support owed by your former spouse.

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Answered on 11/02/03, 11:07 pm


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