Legal Question in Family Law in Idaho
Modifying divorce decree
My question has to do with my new husband's divorce back in 1998. Basically, it was a four-year ordeal. Divorce was started in 1994. She agreed to drop divorce proceedings if he signed a postnuptial property settlement, which he did believing they were reconciling forever. He signed this in 1996. They continued living apart with her being in Hailey and him in Boise until she filed for divorce in 1998. This of course put the postnuptial property agreement in force in which she was awarded $750,000 to ''equalize community property'' (supposedly valued at 1.5 million) and then she also received a lot they had purchased worth $150,000 and then she also received their home valued at $300,000 and which she now uses as rental property. In order to pay off the $750,000 he has to give her $2500 of his $7500 monthly (1/3) for her settlement and also $1383 of that goes to child support until they are 19 at which point he will still keep paying $2500 for about the next 25 years. Obviously, we do not feel this is fair in any way since she takes a third of his income every month and will for 25 more years. Is there any recourse since he feels she tricked him into signing that agreement under the pretense that they were reconciling and never did?
1 Answer from Attorneys
Re: Modifying divorce decree
didn't he read the stupid thing before he signed it? Why didn't he have an attorney review it before he signed it?
Anyway, water under the bridge now.
I would have to read the post nuptial agreement to tell you whether he has any right to get out of the deal. Also, it is now a court order so it is doubly hard to get the thing taken out or dismissed.
There are 2 options that I can see: (1) try to go back into the divorce case and allege fraud committed against you husb. PROBLEM: he has probably waited to long to go into the divorce case. (2) you might be able to sue for fraud in another case alleging fraudulent judgment, altho you may have waited too long to do this as well. However, I can't really tell you anything without reading the agreement. There might be a statement of purpose in the agreement stating that the purpose was to get back together. If she never even tried to do so, you might be able to set aside the judgment for fraud which I believe what she did would be constructive fraud requiring a smaller amount of proof as well. Finally, with all these possibilities you may have waited too long for the court to do anything. The only way to know is to try and go ahead and file the case. My telephone # is 208-345-3817 and I give a half hour free consultation in my office
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