Legal Question in Family Law in Ohio
divorce mistakes
2.5 yrs ago my husband divorced his former wife (2 kids). In the separation agreement they both signed a waiver of counsel. On the final day of divorce she shows up with an attorney who railroaded my husband into signing small changes to the initial agreement. Attorney's words ''we want what's best for the kids''. That upped the child support, added spousal support, changed visitation. My husband wanting the best for the kids signed it. We are just now finding out that the cs calculation was based on him making $17,000 more than he was! My husband never saw that calculation & it was never signed by him or the ex! Because he's in the military we've recently moved from OH to AZ (court in OH). We're getting cs refigured right now but that doesn't help the overpay. The cs agency is taking 60% of his disposable pay. We can't afford groceries now because he's paying so much in support, let alone, bring the kids out here for Christmas. How can she get away with having an attorney when she signed a waiver of cousel? Is it possible to get my husband's hard earned money back?! Any help that you can give us would be so appreciated!
2 Answers from Attorneys
Re: divorce mistakes
As soon as he was aware of the child support level, he should have filed objections with the court. He might be able to have the court impose the proper amount retroactively, but that is an extreme long shot. A waiver of counsel is only for the individual who signs it, and can be revoked at any time.
Re: divorce mistakes
Just because one signs a waiver of counsel does not preclude one from having an attorney review the documentation and making suggestions. Second, the time to complain is when the agreement was signed. It is too late to complain about the past.
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