Can my ex-wife modify the divorce agreement?
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Can my ex-wife modify the divorce agreement?
I have been divorced for 3 year. My ex-wife quit her job and moved to
another state 4 months ago. She has not worked in all that time. She now wants to update the agreement with an upward modification. Can she?
Asked on February 13, 2017 under Family Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
She cannot modify it unilaterally; that is, she cannot modify it without either your consent (agreement) or a court order. You, of course, do not need to agree to this. She can try filing a legal action to get a judge to increase it, and if she does, you will get notice and the opportunity to challenge her request. It is very unlikely that a judge will grant her more money due to her own actions or choices, like quitting her job and moving.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
She cannot modify it unilaterally; that is, she cannot modify it without either your consent (agreement) or a court order. You, of course, do not need to agree to this. She can try filing a legal action to get a judge to increase it, and if she does, you will get notice and the opportunity to challenge her request. It is very unlikely that a judge will grant her more money due to her own actions or choices, like quitting her job and moving.
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