amending.the divorce decree?
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Has anyone ever seen or heard of amendments to the divorce decree? Not the parenting plan but the actual.decree relative to the division of assets.
BM doesn't like what she agreed to now that shes figured out she took a bad (for her) deal. Will courts actually rule to.amend an agreement or even entertain a.motion?
Not that I am aware of,
Not that I am aware of, except for what was already stated above.
When DH divorced, there was a 7 or 14 day period (I forget which) for one party to object to something and after that, it's a done deal.
Courts are reluctant to amend
Courts are reluctant to amend such things because if its often done then people would have a hard time getting on their life. Lets say a spouse was given the family home, s/he would be reluctant to put a needed new roof on it if 10 years later it could be taken away and given to the opposite member of the dissolved marriage.
this is what i had
this is what i had hoped.
they've been divorced well over 3 years now and long past the 90 day waiting period after everythign was agreed to and signed.
Then it's not likely that the
Then it's not likely that the court will overturn or amend it; unless she can prove your DH lied or hid information during the proceedings (which doesn't sound like the case).
Geez, what is wrong with
Geez, what is wrong with these women? The marriage is OVER, the divorce is OVER. Move on, already.
i know, right? They want it
i know, right? They want it all and they want someone else to pay for it!
her lawyer screwed up,
her lawyer screwed up, basically.
he has a pension. He offered her cash lump sum 50% of what was in the account (which i believe at the time was around $45K!). She could then have this money to invest as she wished (or piss away in true BM form) and its guaranteed. 99.99% of people take the payout. Everyone was baffled that she didnt take the payout because it was guaranteed money. SHe could have also willed or given this money to anyone.
Instead she opted for 50% of the pension, but its 50% as of the date of divorce which means when the time comes she will get about $750 per month and he will get about $6500 a month. They calculate her portion based on the years he was part of the system that they were also married which is only 8. He wasnt even vested in the system at the time they divorced. So if he opted to quit before vesting, a monthly pension check would never even exist. Also if she predeceases him, this share cannot be willed to anyone (like her daughter).
A bad deal all around and we suspect her lawyer has figured this out. Also under the laws the whole game changes if he remarries. The new spouse trumps all. And of course they all know we are engaged.
A horrid deal but they were dumb enough to agree to it. He's just stressed now that they are going to try to reopen the agreement. I dont think a judge will entertain it because what clout/merit could a divorce decree hold if it could be changed so lightly at anytime?