Legal Question in Family Law in New York
Agreement was signed, but a judge has not signed off on it.
A few months ago, with my wife, we went in for a Divorce consultation with a lawyer who was representing me. (she currently has no representation) During this consultation, he pulled out a 35 page boiler-plate agreement and starting making adjustments and notations. He also changed the child support amount I am responsible for because he miscalculated it from my first meeting with him. We both signed the document, but he told me that I can always stop the process and start over. Now he is telling me that it is final and that I am locked in. I gave her the house so I could get a significant reduction in child support. Now I realize I am paying 95% of my child support responsibility and she has the house and furniture. Since this agreement has not been signed by a judge yet, can this agreement be changed because my attorney did not advise me properly, or am I locked in to this agreement?
1 Answer from Attorneys
Re: Agreement was signed, but a judge has not signed off on it.
You need an attorney to review the stipulation that was signed to see if the amounts that are listed are proper and if the agreement is enforceable. Once you signed the agreement it acts as a contract and is usually enforceable and final unless unconscienable.
You need to consult an attorney with all of your papers to review the situation.
If you wish to contact me directly for a consultation you can at 516/746/4747 or at [email protected].