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  1. #1
    Join Date
    Jan 2008
    Posts
    1,948

    Question Complications Over Continuation of Spousal Support

    So much easier to answer other folk's questions...

    In California, married 18 years, legally separated in July 2005, MSA submitted to court in Nov 2005 and divorce granted in Jan 2006.

    The person we hired to mediate the divorce, write up and file the MSA made a mistake on the spousal support section. The MSA papers he filed and the judge approved said that spousal support ends when CS ends. The X and I noticed his mistake when we signed the documents but we did not want to pay the mediator any more money to fix the problem.

    Not realizing the legal ramifications I asked and X agreed to write up our own 'amendment to the MSA' where we both stated an error was made on the paperwork and the SS was not tied to CS. That SS should end regardless of CS on May 6, 2011 - child's 18th birthday. The amendment was notarized with both our signatures under oath (jurat, not acknowledgment).

    So here we are 5 years later and CS is going to end before child turns 18. Not sure of the exact date, but child will be emancipated upon military enlistment, prior to May 6, 2011.

    Also - the X's income has changed.. from just over $100K to $140K. His time share has also dropped from 20% to <5%. So I went to a lawyer and asked her to redo the guideline support with X and ask that our notarized agreement be entered into the official order. Lawyer deals with X and after a few emails and phone calls X suggests a new amount of CS. Not wanting to spend another penny on this I agree with his proposed amount.

    My lawyer writes up the stipulation and sends us both copies to sign. Lawyer will file them and mission accomplished.

    Except X does not sign the agreement. He sends me (not my lawyer) a letter via certified mail saying (after five paragraphs of BS) that he has enclosed a check for the agreed upon CS amount and that "the main point of this letter for us: This agreement is between the parents of XXX - through compromise and goodwill - not the mandate of a Court. Note: We are not in a position or of the understanding to make any further agreements or changes to the existing MSA without the use of a professional, which we find to be unnecessary at this point in time."

    WTF does THAT mean? He also enclosed a copy of the notarized SS amendment and hand wrote at the top "I obviously have this document and understand it."
    SO - do I pay the lawyer another $375 per hour or two to deal with this?
    Does having this letter give me any leverage what-so-ever if he does not follow through on his word?

    What would YOU do?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Complications Over Continuation of Spousal Support

    What does your ex- mean? I suspect it's a cryptic way of stating that he wants to stick with the text of the original agreement and end spousal support when child support ends. If you want that phrase deciphered, have your lawyer ask his lawyer what he means.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Complications Over Continuation of Spousal Support

    I got a call back from my lawyer late tonight. She sees his letter as 'an olive branch' and says I should take his offer without pursuing this in court.
    I guess there is nothing more I can do without spending all of the money I was trying to protect.
    Counting the days until our kid turns 18.

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