Can a divorce case require spousal support if reopened? 3 Answers as of June 23, 2011

I agreed to let my ex-wife and son move from Texas to Washington State as part of the finalized divorce agreement. Texas is a non-alimony state. Now I need to file a Change of Venue since she will not allow me to see my son without a GAL here. Texas is a non-alimony state while Washington is not. When the court changes to Washington, can she reopen the divorce case and go after alimony even though the divorce was agreed to a year ago in Texas? If so, is there any way I can safeguard against this beforehand? Her brother is a lawyer helping her and I am on my own.

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
In Washington, maintenance (a concept similar to alimony) can only be modified if there is a substantial change in circumstance. However, maintenance and visitation are two separate and very different issues, and the court treats them as such. I would suggest meeting with an attorney as soon as possible to make sure that all of your rights are protected.
Answer Applies to: Washington
Replied: 6/23/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
It is VERY unlikely the issue of alimony (spousal maintenance) will be a factor. The only issues I see will be child support and a parenting plan.
Answer Applies to: Washington
Replied: 6/3/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
You should consult with an attorney as to whether Washington or Texas would have jurisdiction at this point. Even if Washington has jurisdiction, you should not need to file for a change of venue. You might have to register your Texas orders in Washington. Filing a motion to enforce the parenting orders in Washington does not reopen the divorce and does not re-open the issue of alimony. I am not aware of any way that your ex could reopen a divorce case in a different state than the state it was entered in.
Answer Applies to: Washington
Replied: 6/3/2011
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