my husband was divorced in August 2005. His ex has petitioned the court several times for more money. This latest petition started with a petition over 4 years ago. In Feburary of 2-13 they went before the judge in chambers, where their side was told to file for a court date. So far nothing. How long do they have on this petition?
changes to a divorce agreement
- Thread Starter pattie
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Proserpina
Moderator
Given that you haven't told us where you're located, it's impossible to say.
Proserpina
Moderator
What exactly is the ex petitioning for?
4 years is a heck of a long time for one matter to STILL be in the court system.
4 years is a heck of a long time for one matter to STILL be in the court system.
Betty3
Well-Known Member
"Seems like" per first post, petition is for more money.
Yes it is too long to have a lawsuit hanging over one's head. the ex wants the divorce to be changed to reflect the income that she found out was on his 2005 tax return (an increase) instead of what was agreed to the statue in nys of using the prior years tax return during the divorce proceedings.
the judge wanted the case to be settled.
Because this is not the first petition this woman has brought on my husband, and he feels he is totally justified he really didn't want to settle but he did agree to settle just to end the torment of legal abuse. All he asked was that with the settlement that she would have to agree that no further lawsuits be brought and she refused to take the settlement???? That was 8 months ago. Still waiting for a court date. So how long do they get to request a date for trial?
the judge wanted the case to be settled.
Because this is not the first petition this woman has brought on my husband, and he feels he is totally justified he really didn't want to settle but he did agree to settle just to end the torment of legal abuse. All he asked was that with the settlement that she would have to agree that no further lawsuits be brought and she refused to take the settlement???? That was 8 months ago. Still waiting for a court date. So how long do they get to request a date for trial?
Proserpina
Moderator
Actually, it would appear that she has a good reason to request a modification based upon Dad's income not being listed accurately.
And further, he cannot have her sign anything that prevents her from refiling in the future - such an order (if he could even find a judge willing to sign it) would not be enforceable.
Finally, this is not "legal abuse".
Proserpina
Moderator
Your husband (apologies for writing "Dad" earlier) needs to contact either his attorney or the court to find out the current status.
I know it seems like forever, but it's not yet long enough to file for a dismissal. Very generally, the courts require at least a year of inaction before they'll accept a motion for dismissal.
If he DOES wait, and wants to dismiss, he can try to ask for a dismissal with prejudice - this would mean his ex cannot litigate the matter again. It's a very long shot though, since the courts are extremely reluctant to grant "with prejudice" dismissals for family law cases; alimony and child support (along with custody) are seen as fluid and can usually be modified at any time given the right circumstances.
I know it seems like forever, but it's not yet long enough to file for a dismissal. Very generally, the courts require at least a year of inaction before they'll accept a motion for dismissal.
If he DOES wait, and wants to dismiss, he can try to ask for a dismissal with prejudice - this would mean his ex cannot litigate the matter again. It's a very long shot though, since the courts are extremely reluctant to grant "with prejudice" dismissals for family law cases; alimony and child support (along with custody) are seen as fluid and can usually be modified at any time given the right circumstances.
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