I recently took my ex back to court to collect past due child support. We came to an agreement in a conference room at the court house, outside the presence of a judge. My attorney wrote the details of the agreement on a court minute. There were nine items addressed. My ex and I along with our three attorneys signed the agreement. It was presented to a judge who signed it and had it filed with the court clerk.
My ex is adhering to seven of the nine items, but now says he changed his mind about how future child support will be calculated as listed on the court minute.
We do not have a typed Agreement, as my ex refused to sign it, stating that he had changed his mind. The handwritten one is the only thing that has been filed.
Is the handwritten Agreement enforceable in court? It has been >30 days and nothing else has been filed in our case. If it is enforceable, do I have to hire an attorney to file a "Motion to Enforce Settlement Agreement" or what options do I have?
2007-08-29 03:30:34 · 7 answers · asked by Why 2 in Family & Relationships ➔ Marriage & Divorce
if both attorney's signed it...the judge signed it and it was filed. it is enforcable. no attorney who draws up the minute order at the time of the hearing has a portable printer in his briefcase. if he is refusing to comply with the filed agreement that the judge authorized, drag his butt back to court for contempt.
if i wanted to...i could handwrite all the documents in the famliy law paperwork and still win a case. typing just looks better.
2007-08-29 08:06:40 · answer #1 · answered by Isabella S 4 · 0⤊ 0⤋
Talk to your attorney. For centuries, court documents were hand written. If the Judge agreed and signed the document, it should be enforceable. You will most likely have to return to Court to get the Judge to issue an Order.
2007-08-29 10:37:55 · answer #2 · answered by jack w 6 · 0⤊ 0⤋
A contract is a contract no matter what it is written on, call your lawyer and tell him what the creep is up to.
2007-08-29 10:41:09 · answer #3 · answered by kitkat 7 · 0⤊ 0⤋
Of course it's enforceable. He agreed to it.
2007-08-29 10:41:56 · answer #4 · answered by lady_phoenix39 6 · 0⤊ 0⤋
It is legal to use, talk to your lawyer, but if you and he signed it, that is all that matter. He signed it, he has to stick to it.
2007-08-29 10:45:17 · answer #5 · answered by Beatngu 6 · 0⤊ 0⤋
yes take him back again and show him what law is.
2007-09-01 23:49:16 · answer #6 · answered by Tsunami 7 · 0⤊ 0⤋
Call your lawyer, now.
2007-08-29 10:37:20 · answer #7 · answered by kim t 7 · 0⤊ 0⤋