How do I go about re-opening the divorce decree for spousal support? 6 Answers as of June 27, 2014

In 2001, I married a woman with three young sons whom I adopted. I retired in 2010. She filed divorce papers in 2011 and they were finally signed in 2012. I moved to Florida and then she went to court in 2013 asking for child support which was reserved in 2013 of my monthly retirement of $3700. They now take $1100 a month. She is a registered nurse making $125K, $2200 from social security of the boy’s biological father and $1100 from me with a total of $10,000 a month, while I try to survive on $2,700. Can the divorce decree be re-opened for me to ask for support? Yes, I have looked for work, to no avail. What legal language would I look for in the final decree?

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Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
Look to see if the court reserved jurisdiction to grant spousal support or if both parties waived spousal support. You may be able to get spousal support if the court reserves jurisdiction. The court always retains jurisdiction concerning spousal support until the minor becomes an adult. With your facts I think you could get a reduction in child support.
Answer Applies to: California
Replied: 6/27/2014
Law Office of Martin A. Kahan | Martin A. Kahan
You have to file a modification of the order in the court that issue the decree. It is not re-opening, the?proper terminology is to seek a modification of the order.
Answer Applies to: California
Replied: 6/26/2014
Steven Alpers | Steven Alpers
It is very difficult to reopen a divorce. You may be able to reopen the issue of support.
Answer Applies to: California
Replied: 6/25/2014
Law Offices of Frances Headley | Frances Headley
Whether or not support can be reopened depends upon the language of the decree. Did the court reserve jurisdiction over support. Did you waive support. If the court has jurisdiction and you did not waive support you could bring a motion for support. You need to consult a family law attorney to review all of the facts and documents.
Answer Applies to: California
Replied: 6/25/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should have this order reviewed by an experienced family law attorney to assess your legal options. You may be entitled to a support reduction if your ex's income is higher than it was when child support was calculated for your judgment.
Answer Applies to: California
Replied: 6/25/2014
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Child Support is always modifiable, based on changed economic circumstances. However, Child Support is based on your and your ex-wife's gross incomes, and the custodial timeshare. With you living in Florida, your timeshare is likely small or nonexistent. Your retirement income counts as income for you. You should get a copy of the Judgment and of your ex-wife's (and your, if any) last Income and Expense Declaration (FL-150) filed before the Judgment. If you are earning less or your ex-wife is earning more income now, you would likely get a reduction of Child Support, but you would need to file an RFO seeking modification of Child Support, and living in Florida, you would likely need to retain an experienced Family Law Attorney in the county in which the Divorce Case was filed, to advise and represent you.
    Answer Applies to: California
    Replied: 6/25/2014
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