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If Your Ex is Living Large, Ask Questions

Generally, after divorces are signed and sealed, courts are reluctant to disturb decisions and agreements. However, if the maintenance or child support you're receiving is inadequate, and you notice that your former husband or wife has a new, extravagant lifestyle, it's worth looking into. An unexpected improvement in manner of living may be an indication of misrepresentation on prior income and assets. If that's true, you could sue for "upward modification" of the amounts you receive. If there's a dramatic increase in income, or he or she benefits from a monetary windfall, there may be additional fact patterns in which an upward modification suit can succeed. It's also important to realize that this principle can work against you. For example, if after divorcing, your income rises considerably, or your ex-spouse suffers a devastating financial setback, a case can be made for downward modification of what is paid to you. In either scenario, it's a good idea to review the facts with an experienced divorce attorney. 

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