Upcoming Modification Question

[cgriff00]

Overview
My husband got divorced from his ex. Because his ex's attorney is her sister-in-law he had to agree to their demands because he didnt have the money to continue paying his attorney $300 an hour.

The MSA
He agreed to pay $1000 in alimony (or she wouldnt settle)
He agreed to pay $946 in child support
He agreed to pay $100 in arrears. Total $2046/month (Gross Monthly $4400)
He agreed to give her 1/2 military retirement pay from a certain date till their separation (QDRO)
He agreed to pay 1/2 of extracurricular activities (which the mother send a receipt for everything....fees for TV prod class for one child or costume receipt for example)

The Issue/Question
1) He tried to go back to court to modify that amount he has to pay because he cannot afford that.....The judge denied it because he agreed knowing he didnt have the means in the first place-----Is there anything that can be done to get things modified from when it was initially ordered?

2) He agreed to pay rehabilitative alimony for a period of 4 years based on the fact that she was going to school for 4 years to obtain a BSN degree. (She proposed a school plan) Yet she changed her mind and went to school for 1 yr to get her LPN license which she now has. She then proposed another plan to say that she is continuing her education and refuses to get a job. Is there anything that can be done about that?

3) Then now my husband is getting medical boarded out the military so a modification has to get down becase he will be receiving a disability check. Is it possible that they can modify the whole settlement back-dated to the original date? (Since the rehabilitative alimony was based on her taking care of home while he built a career in the military which is now non-existent)

[Attorney Howard Iken]

Any type of asset/liability distribution is not modifiable.

alimony and child support may be modified - back to the date the modification petition was filed.

A change in income will support an alimony modification.

The rehab plan may or may not be subject to modification. We would need to analyze the prior orders.

Attorney Howard Iken