DisabledDad
recently joined
Reged: 03/12/13
Posts: 1
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I agreed to my divorce without an attorney. I have since been diagnosed with Asperger Syndrome, which I have had all my life but did not know. Can my details of divorce be overturned or changed on the basis that I was mentally incapable of understanding what I was doing? I agreed to give her everything, a huge child support amount, etc... Since then she has gone to work and gotten a great job, I have lost my business, home, car, everything and had to move in with family who live hours away from my kids. She takes my kids all over the country for vacations, bought my 16 year old a new yukon and yet reported me because I couldn't pay the outrageous child support, therefore, they took my driver license and I cannot even go see my kids. :(
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annieo
veteran
Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest
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The only thing you can do is go in and get your support lowered based on new income amounts the "huge" amount you agreed to was more than likely based on your and her incomes.
If she has a great job now and you have a lower paying job or no job there is a change in circumstance so go back for a reduction but if you took a lower paying job or quit to get your support lowered you will in all likelihood be imputed at the amount you could be making. Can you suddenly not work due to a diagnosis you did not know you had? Aspergers is a high functioning autism and a lot of times those with Aspergers are intelligent but they have difficulties with certain areas of life. You did get married and have children etc...
Sounds like life is seriously looking up for your children and you should be happy for them in that regard.
Bottom line is support is income based so whether you had Asperger's and were not aware or what have you it wouldn't matter in the amount you were ordered to pay in child support.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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If you are mentally incapable of knowing what you are doing, you should not be driving anyhow.
If your life long condition has now made you disabled, a lawyer should be able to help you arrange for your childrens' SSDI payments to count for your CS for them. You'd have to go to court in the meantime to get your CS amount modified so that you won't continue to accrue arrears at the higher rate.
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annieo
veteran
Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest
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Yes finz that is a good idea and place for him to start he should get the SSDI payments for the children in motion to cover his support - if he receives disability the children will receive based on his disabled status. He also needs to get the current support lowered based on his disability income - he hasn't said he receives disability income so it may all be moot?
I also wonder about those who are mentally ill and driving but it depends on the illness I would guess? If you cannot function enough to know what you were doing during a divorce, in all likelihood you shouldn't be driving...
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