Asked over 2 years ago - Camden, NJ
FlagAn amendment was added to my divorce decree for payment reduction because me ex had heart surgery. It does not have a specific amont to be paid it states he pays 35 percent if his gross because he couldnot work the hours he use to until he got back on his feet. He then retired and says he's overpaid me and wants to be reimbursed. pthe problem is the probation office will not accept the amendment because there's no exact dollar so he's being chaged for the original amount. He wants me to sign a consent order to pay him back money and keep things as the amendment states. He pays when he wants to and he will owe even if I agree to sign the order. Probation has no records of an amendment. I donot know why.
It is difficult to determine whether this would be enforceable at all. If a dollar figure cannot be determined, the entire provision may be unenforceable. It is particularly important if he or his attorney drafted the Agreement because any ambiguity is construed against the party who drafted the document. Furthermore, there is a chance that his retirement was not an anticipated termination event that would otherwise eliminate his support obligation. It is not automatic that when a person retires his alimony obligation ceases. It may be a significant change in circumstances that warrants a review to determine if it should be terminated, but it also may only be a trigger to have the support REDUCED.
I cannot stress this enough, you should NOT sign any Consent Order until this matter has been thoroughly reviewed by an attorney. You may be signing away your rights without adequate compensation for doing so.
This answer is for informational purposes only and not intended to create a lawyer-client relationship. You should always consult an attorney with any legal questions you may have.
My advice is that you do not sign any consent order until you have a lawyer review it. That document is too important for you to "wing it."
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.
The case is screaming for a talented lawyer to step in. Because the money amount is not there (this should never, ever be in a court ordered situation) this is far too complex for an online solution.You might find my Legal Guide helpful "How to Choose A Lawyer For You"
http://www.avvo.com/legal-guides/ugc/how-to-cho...
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
http://www.avvo.com/legal-guides/ugc/what-do-i-...
No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.
Good luck to you. God bless. Best of luck to you.
If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary