When you settled your divorce, you agreed that you would accept a certain amount of spousal support from your spouse based on their financial situation. Later on, you found out that they had actually been doing additional work under the table on the side. They had also hidden away some of your marital assets that you’d thought they had sold during the divorce to pay you. Instead, they hid them to sell off for more than they claimed during the divorce.
In this kind of situation, it’s reasonable to want to talk about a post-divorce modification of your spousal support. It is not fair for your spousal support to be based on incorrect information. Your ex-spouse may have violated the law by hiding assets or manipulating their income to pay you less, and it’s your right to go back to court to ask for a modification to reflect their true income.
What happens if you take your ex-spouse back to court over your divorce settlement?
If you take your ex-spouse to court over your divorce settlement, the first thing you should know is that you will need to prove your argument well. That means that you should collect evidence of the claims you’re making and be sure to get witness statements or testimonies when you can.
For example, if your ex-sister-in-law tells you that your ex-spouse still has the vehicle you thought he sold or gave away, then you can get photos or have her testify that the asset still exists. Then, you could ask the court to give you a fair share of that marital asset.
This kind of situation does come up in family court, so a judge will be familiar with people who have hidden assets and how to best handle the situation. You may also be able to negotiate an agreement outside of court if you have your attorney reach out to your spouse suggesting that you’ll be asking for a modification. This is a frustrating situation, but with help, you can ask to get your fair share as you should have at the end of your marriage.