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Is this even possible?

3 posts in this topic

Ok so my fiancee and his ex signed the divorce papers on 3.25.16. She appealed it to the VA Court of Appeals on 4.24.16 but then her attorney withdrew his Counsel. The Court of Appeals dismissed her case on 11.7.16 and the divorce was marked final in the Court system.


So his ex filed a Motion for more money and to adjust custody/visitation. Her entire Motion is just a copy of the Appeal to the Court of Appeals. Basically her lawyer is trying to re-litigate a closed case. Is this even possible? She already gets $4K per ,month, doesn't have to work and has custody of the kids. We see the kids 8 times a month. Not only that, he had to get a new job since his contract was ending on his previous employer. He had to take a $30K pay cut or risk being without a job. 


We're so over all of this. She filed her motion with no "special circumstance" to revisit the support. She's just greedy and wants more money. We're doing the best to make ends meet due to the pay cut.


Any information or insight would greatly be appreciated.

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The ex can file a motion for change of support (not clear if you are talking about child, spousal, or combined) anytime she wants to.  Support and custody issues remain open for modification.  However, filing a motion for change within less than six months without a substantial change of circumstances is very likely to get some judge very upset.   Obviously your fiance will have to respond to the motion.  But it is quite possible the judge hearing the motion may deny the motion and order the ex to pay your fiance's attorney fees.  Without knowing more about the case and jurisdiction it is impossible to comment any more deeply. 

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