RaffaeleInMiami
recently joined
Reged: 07/11/12
Posts: 1
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Hello.
I have signed a marital agreement with an attorney, only days after starting my new job, which is mainly commissioned based. This attorney was picked by my ex and is supposed to represent both of us. What I promised to pay, does not match what I am actually making. Don't know why I signed that agreement. Most likely because she is not working, and since I still care about her, was concerned on how she would get by. We have a 6 year old boy. Am I forced to pay alimony, together with all the other house expenses? I am barely making $2,800 a month, and I signed the agreement to pay $2,600, which includes child support, alimony and house expenses. My intentions were good, but now I have come to reality. How can I overturn that agreement? The court date is only days away. Please, help.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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Make sure you bring your pay stubs to the court date to show what you are actually making.
Your stbx should be working too. Being a SAHP is a luxury that some couples want to provide for their families, but once divorce enters the picture, that's not often a luxury that a parent can afford. I'm not sure how they arranged it that you should pay cs, ss, AND the housing expenses, but you are getting SCREWED. Cs and ss might be reasonable, depending on how much your stbx can make when she gets a job, but she's supposed to be paying for her housing (and your son's, if she is the custodial parent) out of what she gets from her job and cs/ss.
If this lawyer is only focusing on your stbx's wants and needs, you may need to get your own lawyer to help set up a reasonable plan.
Good luck on your court date.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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If the attorney was picked by your x then he/she represents your x and is simply filling out paperwork for both sides. Never a good idea. Ethically you should have been told that.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Renny
addict
Reged: 09/24/11
Posts: 479
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In no state can an attorney represent both parties in a divorce. At most one attorney can write out the agreement reached. By the parties, making it clear tgt he only represents your stbx. It seems to me tgt you may have signed a final settlement agreement and that you may be headed for a final court hearing. In so, you need a lawyer right away to try to amend the agreement. In general the courts will hold you to what you signed unless there was fraud, coercion, duress, mistake of fact and other contract defenses. I don't see any here.
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