Is a divorce settlement In IL binding on a spouse who moved to MN
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Is a divorce settlement In IL binding on a spouse who moved to MN
husband has provided 3000/mo. support
for past 5 years for 3 children. Ex-
wife demands more. Has already given
her 1/2 of retirement. Wants much
more.
Asked on April 7, 2018 under Family Law, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A divorce settlement is a contract between parties and yes, it is binding even if one of the parties moves to another state. The issue will be what is the home state of the children. Once they reside in a state for 6 months it becomes their home state and any proceeding that deals with them will likely be brought there. If the ex wants more money then she is going to have to make an application to the courts to raise child support and she is going to have to meet the legal requirements for bringing such a proceeding (likely something like a substantial change in circumstances). Good luck.
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