Legal Question in Family Law in California
Divorce does not mention all aspects covered in seperation agreement
My seperation agreement was filed in New York 9/95 and included $5,000.00 that my now ex-husband agreed to pay me by 9/00 with minimum monthly payments of $50.00 each. It was listed as an "obligation from husband to wife". The divorce was in California and does not mention this amount at all- actually the divorce barely covers anything. My ex paid the minimum monthly payments from 10/95 until 6/99. He then decided that he no longer had to pay because it was not specifically mentioned in the divorce. He still owes me $2750. I have filed with the small claims court in Denver, where he now lives. My biggest concern is finding some sort of precedent or documentation that will help support my case when it goes before the judge. Right now all I have is a letter from the paralegal my ex hired for the divorce stating that he wanted the divorce to be based on the seperation agreement. Any help would be greatly appreciated.
2 Answers from Attorneys
Re: Divorce does not mention all aspects covered in seperation agreement
Didn't the divorce "incorporate" the terms of the settlement agreement? If not you may have a claim against the person who helped you with your divorce.
Re: Divorce does not mention all aspects covered in seperation agreement
You stated that your separation agreement was filed in New York. Wasn't that agreement signed by your ex? If he signed it that would be evidence of his agreement to make the payments. Get a certified copy of the agreement that was filed with the New York Court and present it at the trial.
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