Legal Question in Family Law in California
Divorce is Final, How to Amend it
My Divorce was final Nov 98, and in 1 year, my settlement agreement kicks in, he is to pay me $400/mo for 44 months. Recently, I felt the settlement unfair and approached my ex-husband about it. We have come to an agreement that the payments will be $1000/mo for 44 months instead. He does not want to re-open the divorce in court, (for confidentiality issues) and wants to write up the agreement, he says we can have it notarized. He is also delaying in writing this up. Is this binding? Is this way OK in dealing with this...I also wish to keep it out of the courts if possible, but want as much legal protection as possible. I want the agreement written up and done with. He says he will do it, but keeps telling me he is busy, and that I should trust him. BTW, he is a lawyer, and he represented himself in our divorce. Please advise....
Thank You,
--name removed--
3 Answers from Attorneys
Re: Divorce is Final, How to Amend it
I suggest you call my office for a free consultation if you live in the Southern California area at 818-342-8020 x1.
Thank You,
Norman Gregory Fernandez, Esq.
Re: Divorce is Final, How to Amend it
First of all, your new agreement must be prepared in format of a "Stipulation and Order", signed by both parties, and filed with the court to be enforeceable. You will be doing a big mistake if you agree to an informal agreement since even if that could be used as evidence but will not be collectable and enforceable like a court order.
If you need an office consultation please feel free to contact my office at 310-839-7700.
Sincerely,
Nina N. Gohari, Esq.
Re: Divorce is Final, How to Amend it
You did not say what kind of support he is paying. Assuming it is spousal support, he will want it in writing because that is an IRS requirement if he wants to write off the payments.
The document (Amendment to Judgment) can be set up so that you each sign and then the judge signs, making it an order of the court. The judge will sign without even looking at it, usually, if the parties mutually agree.
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