Courts will not honor legal contract

[sanchez498]

What is the name of your state (only U.S. law)?

I have a small or rather large problem. The below is part of a contract that my ex's lawyer drew up. The rest was all stuff that I had to get notarized. Which I did. Now the court system in Warren Pa has taken it upon themselves to ignore what I consider to be a legally binding contract that was fulfilled by me in every way shape and form. The up shot to this is that I am still paying alimony. And do not think that this is right. Any advice would be good. And maybe pointed in the direction of a cheaper lawyer in the Warren Pa area. I would get one where I live Which Is Marquette Mi but they cannot practice law in PA. Below is the partial document I received. Any and all advice would be nice. Detailed information left out on purpose to protect names.





February 23, 2009

RE: BERNARD VS. BERNARD

Dear Mr. Bernard:

Please be advised, I have consulted with Mary Bernard with respect to the above captioned matter. My client proposes you sign off all right, title and interest to the 1993 Buick LeSabre. In exchange for the aforementioned Ms. Bernard will not seek alimony or spousal support. If acceptable, kindly execute the enclosed Limited Power of Attorney in the presence of a Notary Public and return the original to my office within fifteen (15) days of the date of this letter.

Thank you for your prompt attention to this matter. Should you have any questions, feel free to contact my office.

Very truly yours,



Todd A. Woodin, Esquire
TAW/mp
Enclosure
Cc: client

[Dogmatique]

Was that signed by a Judge?

(for what it's worth, all notarization does is confirm the identity of the petitioners, and it doesn't make something enforceable)

[sanchez498]

Originally Posted by Dogmatique

Was that signed by a Judge?

(for what it's worth, all notarization does is confirm the identity of the petitioners, and it doesn't make something enforceable)

As stated before that is only part of the paperwork. And is considered a legal contract. And was signed by all parties concerned.

[Bali Hai]

Originally Posted by sanchez498

As stated before that is only part of the paperwork. And is considered a legal contract. And was signed by all parties concerned.

Sounds like you've been had. The judge may not even know about the car contract.

These jackass divorce judges have a one track mind, THE MAN PAYS!!

[justalayman]

did you or your attorney present this to the court when the ex requested alimony?

[sanchez498]

Originally Posted by justalayman

did you or your attorney present this to the court when the ex requested alimony?

Well i cannot afford a attorney. But yes all paper work requested including the above mentioned contract was submitted to the family court in Warren Pa.

[justalayman]

and when the courts said you would be paying alimony and you stood up and said, "but hey, I have this agreement with my ex that she will not request alimony if I perform as required by the contract I submitted to the courts, which I did? What's up with that, your honor? Huh?. That don't sound right nor fair to me"

[sanchez498]

Originally Posted by justalayman

and when the courts said you would be paying alimony and you stood up and said, "but hey, I have this agreement with my ex that she will not request alimony if I perform as required by the contract I submitted to the courts, which I did? What's up with that, your honor? Huh?. That don't sound right nor fair to me"

And that is my point. And I was actually sitting down. Since it was a phone hearing and I live in Marquette Mi and am a truck driver and was actually out in Cali at the time.

[justalayman]

ok, so let's change it a bit:

and when the courts said you would be paying alimony and you sat there and said, "but hey, I have this agreement with my ex that she will not request alimony if I perform as required by the contract I submitted to the courts, which I did? What's up with that, your honor? Huh?. That don't sound right nor fair to me"

[LdiJ]

A contract requires a fair element of exchange in order to be upheld by a court. I admit that I do not know much about cars, but according to Kelly Blue Book a fully loaded 1993 Buick LeSabre, in excellent condition is worth about 2500.00.

Perhaps the judge did not feel that was a fair element of exchange for alimony.

When it comes to divorce or family law issues an agreement is not final until a judge signs off on the agreement. Sometimes the agreement can constitute a contract which a family law judge will uphold, or even in some circumstances a contract which another judge would uphold, but the judge would have to view the contract as being equitable.

I do not know how long you have been married, or your respective incomes or anything else. However, I can see some circumstances where a family court judge might not have viewed that contract as equitable.

[sanchez498]

Originally Posted by justalayman

ok, so let's change it a bit:

A Phone hearing goes like this. Ring ring Anyhow everything to do with this case is heard by a third party. And then submitted to a judge for the final say so.