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Law Offices Of David Bliven
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Can a Supreme court judge modify a divorce agreement order when the husband violated it 20 years later? Modifying the terms?

  • By: David Bliven
  • Published: August 22, 2024

Q– The divorce agreement states if the husband sells the home half of the proceeds are to go to the wife to utilized as she sees fit on behalf of the children. Ex sold home didn’t give me half the proceeds. Court has granted it to be held in escrow but refuses to give it to me and is trying to denying me to buy them special needs adults furniture and to invest it for them through a special needs trust. She wants to appoint a third party law guardian of the court to manage the money and it has been 8 months and she has not given me a dime for my children and dragging everything out. I’m looking to get her recluse from the case and make a complaint.

 

A- No – generally a Judge cannot re-write a settlement agreement whose terms are clear. Of course, the issue may be twofold: (a) are all the terms clear? (b) does your ex-Husband and/or the unemancipated children have legitimate counterclaims? You’re best advised to schedule a consult with a Bronx Divorce attorney for a full assessment.

David Bliven, Esq.

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