MLJQ1964
New
Reged: 01/12/08
Posts: 4
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My ex and I got divorced in Nov 06. We worked on our agreement together and I took it to a lawyer to confirm that is was reasonable. My ex decided NOT to get a lawyer. The agreement went into force and he decided he didn't like it and took me to court to prove that I committed fraud in getting him to sign it. Fraud was NOT proven and my ex told the judge that he just didn't read it thoroughly and didn't take into account net versus gross. I was a stay at home Mom and my ex is a vice president of a large company and signs contracts extremely often in his line of work. The agreement also states that a. he was not coerced into signing it b. he chose NOT to get his own lawyer and c. he was well aware of what he was signing and had read it thoroughly.
The judge has agreed to revoke the original agreement but gave no reason why. Since fraud was NOT proven at the trial and my ex confirmed he just didn't bother reading it thoroughly enough, how can the agreement be revoked? I am really confused. I have to go back to court in Feb to discuss new child support and alimony amounts. My ex is also in contempt to the tune of around $35k.
Please help me understand this. If I lose I will probably have to sell the house and move the kids from their friends and school.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2312
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One possible reason could be the judge found the agreement so far weighted in one party's favor as to make it " unconscionable " . There is also a chance some of the terms are counter to Georgia law .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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MLJQ1964
New
Reged: 01/12/08
Posts: 4
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Where can I find the laws on what makes a divorce agreement unconscionable. He pays the state requirement of 28% for 2 children (that is what it was when we divorced but I know new laws are in place. He earned $125000 last year plus around $70k in bonus. To date he has paid me $33600 in child support-he is in contempt for the portion of his bonuses that are due.) He agreed to pay me 22% gross because I would pay the tax on the remainder. So far he has paid that amount but withheld the portion due from his bonuses and he is contempt for those also.
I am trying to find out where it states what is or is not unconscionable since he was the one who offered these amounts. He even offered to pay alimony for 12 years instead of 9 years to cover up until the mortgage is paid off. How can a judge overturn this?
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Samsung
Platinum
Reged: 06/14/07
Posts: 2223
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So you got $27,500 in CS last year ($125,000 X .22)? Georgia's CS new formulas base CS on both parent's income. If you don't work, your income will be imputed to your earning potential, based on education and past and current work experience.
As for agreeing to pay a certain amount, if it isn't within the scope of the law, then it can be changed. For example, if one agreed in their decree to a $10,000 penalty if they were late on CS, or were to recieve 50 lashes everytime they got the kids to school late, state and federal law would overide these provisions. Does that make sense?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2312
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Where can I find the laws on what makes a divorce agreement unconscionable.
>>>>>>>>>> The case law for Georgia defines an " unconscionable agreement " as : an agreement no sane man not acting under a delusion would make and that no honest man would take advantage of.”Hall v. Fruehauf Corp., 346 S.E.2d 582, 583 (Ga. Ct. App.
He pays the state requirement of 28% for 2 children (that is what it was when we divorced but I know new laws are in place. He earned $125000 last year plus around $70k in bonus.
>>>>>>>>>>> The new guidelines can result in a significantly lower obligation , the courts are obliged to modify existing orders .
I am trying to find out where it states what is or is not unconscionable since he was the one who offered these amounts. He even offered to pay alimony for 12 years instead of 9 years to cover up until the mortgage is paid off. How can a judge overturn this?
>>>>>>>>>>>> There will be no " cut and dried " answer . Individual judges are free to intrepret statutes and case law as they see fit . A judge could find either the amount agreed or the term paid " unconscionable " and invalidate the stipulated agreement .
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You can still expect CS as per the new guidelines and SS if the courts find you eligible .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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MLJQ1964
New
Reged: 01/12/08
Posts: 4
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What I am really confused about is that only the parts pertaining to child support and alimony are going to be set aside. When the divorce agreement was drawn up, it was done on the current guidelines for child support within Georgia laws as it was at that time. How can that be set aside when that is the current law???
Alimony was agreed on by both of us. He agreed to the amount that was to be paid and actually extended the years he was willing to pay it from 9 to 12. Now he is unhappy and as he told the judge, he just didn't bother reading the agreement well enough. In his words he "skimmed the big numbers" before signing it. How can a judge take that testimony and rule in his favor???
That means that anyone who has had a divorce agreement drawn up can come in and say they just didn't bother reading the details and get it withdrawn. Does that seem fair and just?
I have been a stay at home Mom. I gave up 2 jobs in the past to move for his career. I moved from the UK to allow him to follow his dreams and when I asked him to go to college here when my kids entered school, he told me that he wanted me to be a stay at home Mom and didn't want me going to college. I am doing my teaching degree and hope and pray that I will be able to continue as I have 3 1/2 yrs to go before it is completed. I hope the judge will take that into account, I am trying to improve myself. Bearing in mind that my earning potential will be about 1/4 of what my ex earns a year.
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MLJQ1964
New
Reged: 01/12/08
Posts: 4
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Firstly, I want to thank all those who have read and answered my post. I know this is a very unsettling time for those of us embroiled in the divorce process and hearing others experiences and getting advice really helps.
I have just found out that the judge has set aside only the CS and Alimony part of the original agreement. When I was taken to court to have this set aside my ex said I committed fraud. This was NOT proven but the judge has set it aside WITH NO REASON. Is this allowed to happen. The judge does not have to explain why he came to this conclusion?
Also, as stated before, my CS was calculated on the current guidelines and laws at the time we were divorced. My ex is not asking for a modification to set it to current guidelines. What he plans to do is have it reworked and then come straight back and ask for a modification.
My agreement listed the exact numbers in dollar amounts and in % for both CS and Alimony and said he did not realize how much he would be left with because he didn't read it.
The judge did not address the issues of contempt which runs around $35k at this time. How can he do that????
Any advice please will be welcome.
Thank you.
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