Can I get a dissolution agreement modified due to changed circumstances?
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Can I get a dissolution agreement modified due to changed circumstances?
My ex-wife was given a vehicle which I pay the payments and insurance on, in order to drive our son to school, appointments, etc. My son has been living with me and I have been paying for his care. We have shared parenting and she does not want to spend time with our son. He is now 18, and I am still paying for said vehicle and insurance. My ex-wife was recently re-married. I am currently putting my son through college. Do I have a legal right to take her to court and have the vehicle either given to me, or she will have to make the payments. Vehicle loan is in her name.
Asked on July 18, 2011 under Family Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to carefully read the final dissolution decree between you and your former wife to answer your question. Depending upon the State of your residence and where the dissolution decree was made by the judge, some aspects of it can be modified, such as child and spousal support or child custody issues.
As with division of assets of the marriage, typically the order by the court for dividing up the assets is final and cannot be changed.
The vehicle issue that you ask about seems like a done deal. You are obligated to make the payments and insurance on unless the order is conditioned upon your net monthly income. If it is, and your income has decreased, then you might have grounds for changing the orde ron vehicle payments and insurance.
Good luck.
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