Does a notarized agreement hold up in court

Asked about 4 years ago - Howell, NJ

I am currently separated from my husband. The reason for the separation in the end was his drug abuse for 8 years following a bad surgery. He is a 100% disabled wartime veteran. Before he left, he signed an agreement and we had it notarized stating he would continue having his VA Disability Check, His Social Security Check and his Pension Check directly deposited into our account in New Jersey and he would be living in Ohio with his Mom and Brother. The agreement stated I would mail him 2 checks a month. He is now telling me that he is going to switch his direct deposits to his own account in Ohio and not give me all the money any longer. The agreement stated he wouldn't do this until our youngest son had completed school. Will this agreement hold up in court?

Attorney answers (3)

  1. Rosalyn Cary Charles

    Contributor Level 10

    Answered . Dear Howell, NJ,

    The written agreement between you and your spouse will carry some weight in the context of a divorce. In other words, it may be quite persuasive in a court of law but it may not carry the day. In as much as NJ does not recognize legal separation, it is not something that you can totally rely upon. Consult with a family law attorney.

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  2. Aniello David Cerreto

    Pro

    Contributor Level 14

    Answered . Dear Howell,

    Ask ten lawyers, get 10 different opinions. As a family practitioner in NJ who has consulted, represented, advised or otherwise been involved with over 11,000.00 family law matters, I am more in your corner on this. A deal is a deal and he clearly made a voluntary deal. Now if there is a divorce the lawyers and court will absolutely procure and compare the income at the time of the signing and now. If the math is consistent then and now you have a real case. Your question does not indicate when this deal was made and notarized. The sooner you hire competent counsel the better. You need a court Order to continue the checks at least until the divorce is resolved. Don't let him simply cut you off. (The old adage - you snooze - you lose.) Put money together and hire competent counsel immediately for the divorce. I cannot more strongly advise you not to delay. Act immediately. No matter who you hire, you absolutely need professional representation. Please contact me for a consultation. I will be happy to represent you in this matter. I am located nearby in Manalapan. I remain...

    Very truly yours,
    Aniello D. Cerreto, Esq.

  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . The main question should be why did he make that agreement with you in the first place? Was it for bills for you, the children, the home, etc?

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