Feb 2011, me and my ex entered into a PSA which gave her certain items and a lump sum....she gave up spousal support. She moved out 2 months later and filed for divorce and said the PSA was invalid. She took me to court and the judge ordered me to pay her spousal, even though we have a PSA (the court said it needed a date to argue this PSA). We had the PSA hearing about 10 months later and the court incorporated it as valid. According to the PSA she waives spousal and each party will pay own court costs and either party arguing the PSA will assume all costs of that for both parties. According to my PSA she should owe me back the spousal of $4000 and court costs to fight this at $3000. Will it actually happen or will court disallow it?
I am sorry that the court process has not worked out consistently for you, however it appears that in the end you recieved what you thought you were entitled to. I am not sure what the court will do, you have alot going on and due to the nature of your case, the court should abide by the original order unless there is a material change in circumstances warranting such a deviation. Take care and good luck.
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The court should have addressed this when it ruled on the validity of the PSA. Did it?
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As one of the previous attorneys suggested, the court should have addressed that issue as part of its ruling on the validity of the PSA -- unless the court continued the matter to another hearing date to determine those issues OR you never raised the issues and requested that the court order reimbursement of the spousal support payments and for an award of attorney's fees. SInce you state the court costs to fight this matter were $3,000, I assume you are referring to attorney's fees (not filing fees or other costs). If that is the case, then the person you should address this question to is your attorney. Your attorney is the person who has the intimate knowledge of your case, has reviewed the specific language of the PSA, is familiar with the trial court proceedings and rulings in your case, etc., so he/she would be the person who would be able to give you the best educated advice on your case.
This response does not create an attorney-client relationship and is intended for general information purposes only.
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