Legal Question in Family Law in Georgia

Settlement Agreement

My ex wife submitted a proposal to me & we both signed it in the attorney's office during a mtg with the four of us. All four of us signed the proposal. She then has recinded on the agreement. I assume that her defense is that it isn't within the child support guidelines but she knew this before and during the mtg. Her atty asked her twice if she wanted to do this & she said yes. This was suppose to be effective 7-1-04. She had proposed the reduction because she wanted to move out of state with the kids. She isn't going to now since her & the boyfriend broke up. The agreement didn't say ''if'' she moves it says effective 7/1/04. I was going to leave the support as is but now have been informed that she won't do that because she wants it increased. My question is - since all four of us has signed this and she wasn't under any duress in doing so is this enforceable? She makes more money than I do so she can't say she needs this for the kids - this was her proposal. This agreement has been signed & dated by all parties but she refused to sign the order afterwards. Where can I find the info I need because my atty says this is ''only'' effective if she moves which isn't so - it clearly states effective 7-1-04.


Asked on 8/10/04, 7:26 pm

3 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Settlement Agreement

It seems that you have a valid settlement. You need to take steps to file a motion in the court to enforce it. If you would like to discuss your options, please feel free to call me.

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Answered on 8/15/04, 6:36 pm
Stephen Worrall The Manely Firm, P.C.

Re: Settlement Agreement

The Court ultimately can reject the agreement if it finds it insufficient to support the child. However, if both sides signed the proposal and it contains all essential terms of an enforceable agreement (and the Court does not feel it is unacceptable), you might be suceesful with a motion to enforce the agreement.

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Answered on 8/11/04, 7:34 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Settlement Agreement

Your posting doesn't make sense to me. While you can sign n agreement to modify child support, that agreement is ONLY valid if a judge okays it. Was this okayed by the court? If not it has no effect. If it was, then everyone is bound by it.

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Answered on 8/10/04, 8:05 pm


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