Legal Question in Family Law in California

Mediator admitted to clerical mistake

When I started working 40 hours per week my ex and I had to have our MSA amended so his support payments would be decreased. That's fine, however our divorce mediator failed to include language from our original MSA, we both signed and it's now in effect. I never caught the error as only our incomes were supposed to change on the updated MSA. The mediator acknowledged it was a clerical error as there was NO agreement to omit it, and she said she would correct it free of charge. My ex is now putting up a stink of gigantic proportions, insisting he will NOT sign anything.

I was told that she has the legal ability to fix their mistake even though she, as a mediator, is not acting as an attorney to either of us, that her insurance will cover her to do so. Can the corrected MSA be filed and put into effect (with the proper and original language) even if he REFUSES to sign?


Asked on 5/08/09, 10:29 am

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Mediator admitted to clerical mistake

Most likely the mediator can file a change to the previous stipulation to fix the clerical mistake. I don't see a problem. Your husband needs to accept that there was a mistake and he should not profit from it.

Good luck. Please seek local attorney before taking legal action.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/08/09, 3:34 pm


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