My ex and I have been separated and divorced for 3 years now. We decided to do 50/50 custody of the kids. Then times got hard for me. I have a good job but it’s not enough to pay all my bills. My ex won’t watch the kids so I can work a part-time job to pay rent and provide for myself and my kids. Even though the divorce decree says that alimony was waived, can I take my ex back to Court to have a judge reconsider the issue?

ANSWER

If the Judgment of Divorce awards or denies alimony and that is a final order, you can never come back and undo that part of the judgment. So unfortunately, in your case, alimony seems to be an issue that cannot be re-litigated, but an attorney should review your Judgement just to make sure.

However, you also mentioned your children. If you have minor children, then you should know that child-support is always modifiable if there has been a substantial change in either of the parents’ income in the children’s expenses. If you are making less than you did when you and your ex divorced, or you have reason to believe that your ex is making more, then a modification of child support may be available to you and that would help to relieve your financial stress.