When Can Your Ex Take You Back To Court?
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Just because your court date is over and your divorce/child custody case is final does not mean that you may never have to go back to court and fight another battle. You and/or your ex can file for amendments to your final decree at any time. Unfortunately, this may also mean more court costs and legal expenses.
Your ex may be able to prove to the courts that his/her financial circumstances may have changed due to a job loss, reduction in salary or hourly pay and may want to have child support costs reevaluated with the current calculations to possibly reduce current payments. Additionally, your salary may also have changed which can essentially result in a change of support costs – you may be required to pay or you may not be eligible for child support.
A friend of mine has two children. Both children were living with the mother until recently when the son decided to move in with his father. The father took her back to court and was able to provide the court with current financial statements from both parents. He was able to convince the court that since one child lived with him and the other lived with her that neither parent should be required to pay the other child support. It was decided that each parent pay all costs associated with the child that lived with them. (Private school, clothing, health insurance, extracurricular activities, etc.)
For this example alone, it is necessary to continue to document daily events because you may be notified at any time that a hearing is being scheduled to reevaluate support costs. You will want to document any deductions in your salary, increases that you are aware of in your ex’s salary or living expenses. If your ex is suddenly driving a new car, taking vacations or purchasing a new home but wants to have a deduction in support you need to supply documentation. If you are preparing to fight the deduction in court, discretely take photos and upload them into your online diary, such as Partner Diary.
Another good place to check for additional documentation is social websites such as Facebook, Twitter and MySpace. If your ex posts pictures online of recent vacations, new cars or other expensive purchases, or even nights out with “friends” save those pictures and upload them to your diary.
Ultimately, it is the judge’s decision on the final outcome of your case, however, as every boy scout knows, it’s best to always be prepared…so DOCUMENT, DOCUMENT, DOCUMENT!
Article author
About the Author
Dana E. McIntyre and her husband created Partner Diary (www.partnerdiary.com) after they both realized they needed a place to jou
al daily events dealing with ex-spouses. After years of research with atto
eys and judges alike, they discovered that people going through a divorce or separation had no place to securely document situations regarding their children if they were going through a divorce or child custody case without the possibility of their jou
al being subpoenaed by opposing counsel.
Her ‘Diary of an Ex-Spouse” has been published numerous times and she continues to develop additional suggestions on how to protect yourself during divorce proceedings. She is also a motivational speaker to women’s groups regarding the importance of daily jou
aling for court cases.
Dana McIntyre is a busy mother of three kids, wife to a hard working software programmer, and still has time to enjoy two of her favorite activities – camping and triathlons. Born and raised in Atlanta, Dana holds a GA Real Estate License and has extended her sales capabilities by marketing Partner Diary, the most recent software program created by Wink Software.
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