tearsunending
New
Reged: 10/10/07
Posts: 2
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Hello everyone.
I am with a woman who has two kids and divorced after seven years of marriage. Her husband begged her not to go after the house or take her half of the money "for the sake of the kids." In return, an out of court verbal agreement was made that he would take a car loan out of her name, give her $10,000, and not require child support as he has sole custody of the kids. She agreed to this because she wanted out as quickly and painlessly as possible.
He now refuses to make good on any of those agreements, has left her with the loan debt, brags he won't do anything about it and there is nothing she can do, controls when she can see the kids, left her with nothing, and when she asks for him to do what he promised he threatens to make her pay child support. He set the entire thing up against her and she trusted him.
My question is, if she already agreed to these terms in court and has no way to hold him accountable to her out of court agreements, can she take any legal recourse to balance this out and make him do the right thing? Thanks!
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Samsung
Platinum
Reged: 06/14/07
Posts: 2108
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Regretfully, verbal agreements cannot be enforced. And, even if CS was waived, it can be opened at any time. There are many cases were spouses gave up tens, even hundreds of thousands of dollars in assets to waive CS, to have to pay it anyway. Federal and state laws overide those agreements.
Is there a parenting plan in place? If she is being denied time, she can go to court to have it enforced...but expect the child support order to follow.
She couldn't have had an attorney.
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tearsunending
New
Reged: 10/10/07
Posts: 2
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Thank you for your response. No, she had no lawyer or help unfortunately. She said the judge asked her if she knew what she was doing by not taking anything and she affirmed it was what she wanted. The question now is whether or not she has grounds to legally get something out of this, as she was wanting to quickly get out of a long and abusive marriage and had no energy for a court battle. This is sad. Thanks again.
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divorce1
Platinum
Reged: 04/10/07
Posts: 478
Loc: southern state
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I will not say that she has a chance of anything changing for her benifit for if she tries he can and probably will go for a change in the CS area.
But I will repeat what my stbx's first lawyer told him. He refused to have me sign anything even if Stbx could convince me to with out seperate legal cousel looking over agreement. He told stbx that if he allowed it then years later if I wanted to contest it I had grounds for I could say I was distraught and really did not know what I was doing etc. Which he said would mean that there was a huge chance we would have to go through the settlement issues all over again.
So in my opinion she needs to talk to legal counsel and tell them all the details of how she came to sign an agreement like that and what is happening now.
I do know that during the divorce process verbal agreements mean nothing and so I always say no matter how trivial get it in writing. This is pissing off my stbx but I am not as dumb as he thought and he has already went back on many promisses.
I hope the best for her. I know how it feels to have promisses broken by someone. My stbx never did this with his first ex and so I am shocked of how he is treating me and our daughter. I just thank goodness that he broke some prior to me signing anything so I found out to get it in writing to CMA.
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