Can I still reopen my divorce? 10 Answers as of April 11, 2013Recently were divorced and settled outside of court with a small child involved. I have recently learned my ex has been using drugs the entire time of our marriage and has stopped paying me for the stuff agreed upon outside of court. I recently learned he lied about his income in the divorce papers and I want to know if I can reopen and ask for alimony. I have only been divorced for a year and 3 months. Can I reopen this case?
Reeves Law Firm, P.C. | Roy L. Reeves
No, you cannot re-open the divorce case. That is final and the time to file a Motion to set aside or reconsider was 30 days after the court issued the order. That said, if the child is still under 18 (according to your question stating "a small child" I am assuming the answer is yes) you can file a motion to modify the custody and or support issues for the child. This is Texas law by the way. I noted you asked about alimony. There is no alimony in Texas and this forum has a glitch, it has been accepting non-Texas questions for a couple months. So, if you are in a State other than Texas, this answer should be ignored. If however, you are in Texas and no one told you, there is no alimony in Texas it is unconstitutional so even if you were within 30 day plenary power of the court you could not go back and ask for it.
Answer Applies to: Texas
Ezim Law Firm | Dean Esposito
You can file to modify custody based on your recently learned information regarding his drug usage. The court will order a drug test and, if he tests positive, you should receive a favorable ruling. You can also file to modify child support and request that it be calculated on each party's actual income.
Answer Applies to: Louisiana
Woods, May & Matlock, PC | Robert J. Matlock
A request to set aside a court order must be filed within 30 days after the date it is signed. After that, the order is final and the only things that can be changed are orders related to children. I suggest you hire a lawyer if you believe there was fraud involved in the matter.
Answer Applies to: Texas
Musilli Brennan Associates PLLC | John F Brennan
You have a very, very slim chance of reopening the case. You will have to prove fraud on yourself and the count. Reopening for alimony is particularly difficult. Child support, on the other hand, is based on income and modified on its changing. Out of court and out of judgment agreements are worthless. Drug use can have an effect on parenting time and custody. See and attorney now!
Answer Applies to: Michigan