Legal Question in Family Law in Georgia
intent
My divorce papers say my wife sells the maritial residence and at that time to pay me 25,000. She would have to pay PMI ins so she asked me to take 20,,000 instead, with the agreement I stay with her till I get my house built to save me 5,000 living expences. to make up the difference. To keep my 20,000 intact. The Judge says since I accepted (agreed ) to take 20,000. I will have to take it to Magistrate Court. My Lawyer says he is wrong and presented Case Law to prove our point. I do not think he looked at it, even though he requested it 2 ws. ago. My Lawyer says the intent of the final divorce order is to award me 25,000 but in lew I would accept 20,000 with the exchange I would get to stay in return, she did not live up to her end so it reverted back to the original contract of 25,000. I stayed with her from the time of us filing untill 1 month after our divorce was final. She has also refused to divide or give me my personal effects even though m Lawyer sent her a registered letter tell her she is in Contempt. She has refused to do anything since June 2007. He says she is not in willful Contempt. Should he have given me a Judgement for the 5,000 or did I wave my right to the 5,000 by excepting the 20,000?
1 Answer from Attorneys
Re: intent
You have a lawyer for a reason. Discuss with him or her. No one here can second-guess.