As already stated, if a previous settlement agreement removes the jurisdiction of the Tribunal for assistance to spouses, it can no longer make orders on the transfer of the spouse. If a party attempts to change custody, access, maintenance of the child or maintenance of the spouses, the court will not modify any modification without it being demonstrated that there is a change in the circumstances. Brette answers: Yes, you can claim part of the pension. You must apply to change the divorce comparison or judgment to include it. Get a lawyer who can advise you on the best way out of this situation. Question from Barbara: When a divorce is settled in mediation, I understand that the JOD is considered a contract. It`s true? How can my ex sue me for changes after everything has been agreed? Question from Jodi: My ex had sent me a change of parental visit to an address that doesn`t take mail. When the mail was discovered, I received the notification when I moved into a new home. Unfortunately, the papers were moved during the move and were only found after the deadline for challenging the change expired. It was filed by default. Is there anything I can do to bring the visit agreement back to something more reasonable? Brette`s answer: No. If you sign the papers without constraint, you will agree with everything. However, you can request a change if circumstances have changed.
Question from Tena: My ex forgot to talk to his lawyer about his 401k when we got divorced. He works for another company, and they say I`m entitled to some of the money. His lawyer wants me to sign a waiver statement that says I won`t touch his 401k, but I`m not signing anything right now. Would I be able to get something out of that money, and if I can, how do I do it? Brette`s answer: Yes, you can submit a provision with the agreement. Talk to the clerk to find out what papers need to be submitted, or better yet, talk to your lawyer to make sure it`s a good decision and how to implement them. Question from Nancy: Can we change a real estate regime if more than 2 years have passed since the divorce? I agreed to pay half the payment for the house and half of the electricity bills until the house was sold. I left because I didn`t want to stay in this city. There was a lot of strain and pressure on me, so I just signed on to get by. My ex still lives in the house, and I don`t think I should pay his electricity bills. Can I appeal the transaction? The court can sanction non-compliance with the divorce agreement by garnishing wages, withdrawing money from his bank account or holding the party.
Believe it or not, couples often change their California divorce agreements after divorce. If one or both parties have undergone a substantial change in circumstances since the divorce was finally stopped, they may have to amend certain provisions of the divorce agreement. Sometimes a party may bring an ex-spouse back to court to change an arrangement. On the other hand, the parties may also agree on the amendment….