Again, that might be relevant if the drop deal date was 5 years old, but its less that 9 months out so it makes no sense at all.I believe the attorney has a case worth hearing because the informal agreement was obviously not a proper meeting of the minds. The husband never intended to give up rights to the payments in advance of the final deadline, and the commissioner supported this in his findings. And was not intended to rewrite the terms of the original agreement. However, I do not know if the case will win or not.
Its a total waste of time and resources for everyone, including the state.After reading the state laws regarding sanctions on appeal, I don't think the case would warrant sanctions. Especially considering the respondent chose to not file a brief. But if it did, based on what I read, it appears the attorney would likely be the sanctioned party.