Can I get a dissolution agreement modified due to changed circumstances?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.