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Can the Court Modify the Property Division?

Question of the Day:

I got divorced just over 1 year ago. We went through mediation and agreed to me paying her $300 a month because I left her with more than $150,000 in equity in the house we owned. Now she is coming back & threatening to take me back to court because she feels she’s not getting enough every month. Can she do this? And if she is entitled to come back and get more money, am I also entitled to go back and get my fair share of the equity?

Answer:

Jason: The court has no power to modify the property division. Spousal support can be changed by the court unless the agreement provides that it is non-modifiable. However, she will have to convince the court that there has been a change in circumstances since the time of divorce.

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