Legal Question in Family Law in New Jersey

Verbal agreement during the E.S.P

Here is the story;

My wife and I seperated in June 2003. The custody as everything else was split down the middle from then till the present. We went to the Early Settlement Panel Jan. 5 2004 and tried to settle. We settled as fast as we could to minimize lawyer fees. At one point my wife's lawyer had asked me if my wife could claim both children for the child tax credit this year and split every year after. I figured it was only $800 ($400 per child) as it was in 2002. I received my 2003-1040A a couple days ago and it turns out it is substantially more at around $1000+ per child after everything which comes out to a estimated $4000 back to her. This really pissed me off. I even agreed to pay for her lawyer $1000 for fees. I obviously had a retarded lawyer for not catching that. What I need help with is; 1) Was the verbal agreement binding at the ESP (The only agreement I signed that day was a custody agreement) with a plan for my lawyer to write up the Property Settlement Agreement. My wife is employed and makes almost as much as me, which is not much. I need whatever I can get. Thanks for your help!!


Asked on 1/31/04, 2:54 am

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Verbal agreement during the E.S.P

You are not bound until the agreement is reduced to writing or you place an agreement on the record in court in a hearing to finalize your divorce.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 1/31/04, 3:04 am


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