Terms of non modifiable alimony

[cissycicle]

What is the name of your state?MI
My former husband has recently realized that the non modifiable alimony agreement neglects to address the issue of "co-habitation". Payment stops if I re-marry or die. No mention of co-habitation. When the alimony proposal was presented, I noted the obvious oversight and was advized by my attorney that it was not my responsibility to suggest that the terms be adjusted.

My former husband is seeking to modify the original terms to include co-habitation as a reason to stop payment to me. I am not interested in any modification, other than increasing the amount, which I am not asking for. Co-habitation is not an issue at this point, however my former husband is aware that it was overlooked by his counsel.

I have not sought the advice of legal counsel as I believe I cannot be forced to agree to any modifications. Am I right?

[BelizeBreeze]

does your alimony agreement specify the terms "binding and nonmodifiable"?

[ezmarelda]

Originally Posted by cissycicle

What is the name of your state?MI
My former husband has recently realized that the non modifiable alimony agreement neglects to address the issue of "co-habitation". Payment stops if I re-marry or die. No mention of co-habitation. When the alimony proposal was presented, I noted the obvious oversight and was advized by my attorney that it was not my responsibility to suggest that the terms be adjusted.

My former husband is seeking to modify the original terms to include co-habitation as a reason to stop payment to me. I am not interested in any modification, other than increasing the amount, which I am not asking for. Co-habitation is not an issue at this point, however my former husband is aware that it was overlooked by his counsel.

I have not sought the advice of legal counsel as I believe I cannot be forced to agree to any modifications. Am I right?

Of course you are right...you are always right...right?

ok...no more posting tonite...meds are kicking in...nitie nite

My response:

You're that "neighbor lady" that every kid grew up with, hated, and was scared of, aren't you Cissy?

That's what you've turned into. A bitter Bitch.

IAAL

Today, 11:08 PM
cissycicle
Member Join Date: Jan 2006
Posts: 75

box of bricks caused damage to a car

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What is the name of your state? MI
I have a trash collection service pick up my trash from the curb on a weekly basis. One of the neighborhood "bad boys" thought it was funny to drive through my trash and leave a big mess for me to clean up.

Last night I placed a box with some bricks in it by the curb for pick up. Thinking it was an empty box, the neighborhood guy ran into it and did some minor damage to the bottom of his car. When he does this, he gives it the gas and whammo into the air goes my trash. This time it wasn't as funny. The bricks didn't go flying, but the front of his car did.

He's going to call the police and try and make a complaint against me for "criminal mischief". Aren't items placed on the curb for trash pick up no longer my responsibility?


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cissycicle
Member Join Date: Jan 2006
Posts: 78


Yea, I put the bricks out. I thought about putting a toilet out there, but the bricks were in my garage and they were handy. I thought the little creep would have seen me hauling the stuff in the wheel barrow.

I was annoyed by the constant "lawn jobs and trash smashing". I think the kid is blowing smoke about calling the police. Best advice he'll get is "stay the hell off the lawn.

[cissycicle]

Originally Posted by BelizeBreeze

does your alimony agreement specify the terms "binding and nonmodifiable"?

Yes, which is why I believe I do not have to agree to any modification.

[BelizeBreeze]

Originally Posted by cissycicle

Yes, which is why I believe I do not have to agree to any modification.

MCL 552.28 provides that if the court issued the original property award, then that court retains exclusive jurisdiction to modify the award, even to the extent of reinstating such an award after it has either expired or ended.

However, that same statute gives the court no jurisdiction over property awards entered into by the parties under contract and referenced in the preamble of the Judgment of Divorce MCR 3.210(B)(2)

If he files, use the above to answer that the court has no jurisdiction in a matter disposed of by agreement between the parties.

Originally Posted by cissycicle

Yes, which is why I believe I do not have to agree to any modification.

My response:

You really are an absolute idiot. Since when did you think a judge needs your approval to modify or correct an error?

Frankly, I hope your ex gets his modification. Not for his sake, but for the sake of the poor bast@rd that gets "trapped" in your clutches.

You should, and actually need to, remain alone for the rest of your days.

Hey, go set a trap for a child. That should make you feel good.

IAAL

Originally Posted by BelizeBreeze

MCL 552.28 provides that if the court issued the original property award, then that court retains exclusive jurisdiction to modify the award, even to the extent of reinstating such an award after it has either expired or ended.

However, that same statute gives the court no jurisdiction over property awards entered into by the parties under contract and referenced in the preamble of the Judgment of Divorce MCR 3.210(B)(2)

If he files, use the above to answer that the court has no jurisdiction in a matter disposed of by agreement between the parties.

My response:

Yes, Cissy should absolutely use that statute!!

Especially since it has nothing to do with "cohabitation." Since when is cohabitation a "property" or "property right"?

IAAL

[ceara19]

Originally Posted by CALIF-LAWPRO45

My response:

You really are an absolute idiot. Since when did you think a judge needs your approval to modify or correct an error?

Frankly, I hope your ex gets his modification. Not for his sake, but for the sake of the poor bast@rd that gets "trapped" in your clutches.

You should, and actually need to, remain alone for the rest of your days.

Hey, go set a trap for a child. That should make you feel good.

IAAL

You know, her ex does have another valid way out of paying the alimony other than waiting for another man to happen along and be stupid enough to take up with her.

[cissycicle]

Originally Posted by ceara19

You know, her ex does have another valid way out of paying the alimony other than waiting for another man to happen along and be stupid enough to take up with her.

And tell us, ceara19, what would that valid way be? I am most certain there are plenty of person who would like to hear your answer. Address your response to the moderator, Mary ****** and a man who you will NEVER meet, Mr G E R R Y G O L D S H O L L E.

I would be most confident that you certainly would not suggest my death as a valid way out of paying the alimony. That would lead to some serious consequences.

Looking forward to your response in the very near future.

Originally Posted by cissycicle

And tell us, ceara19, what would that valid way be? I am most certain there are plenty of person who would like to hear your answer. Address your response to the moderator, Mary ****** and a man who you will NEVER meet, Mr G E R R Y G O L D S H O L L E.

I would be most confident that you certainly would not suggest my death as a valid way out of paying the alimony. That would lead to some serious consequences.

Looking forward to your response in the very near future.

My response:

Why wouldn't your death be valid for your ex? It sure would for me. I wouldn't mind you being 6 feet under.

Let Garry and Mary know my feelings.

IAAL

[Shay-Pari'e]

[quote=cissycicle]And tell us, ceara19, what would that valid way be? I am most certain there are plenty of person who would like to hear your answer. Address your response to the moderator, Mary ****** and a man who you will NEVER meet, Mr G E R R Y G O L D S H O L L E.

[b]Hey Cissy! Last time you announced to the forum you knew the owner of this site,you got your posts deleted.

You are insane Cissy.

[ceara19]

Originally Posted by cissycicle

And tell us, ceara19, what would that valid way be? I am most certain there are plenty of person who would like to hear your answer. Address your response to the moderator, Mary ****** and a man who you will NEVER meet, Mr G E R R Y G O L D S H O L L E.

I would be most confident that you certainly would not suggest my death as a valid way out of paying the alimony. That would lead to some serious consequences.

Looking forward to your response in the very near future.

Gee, I wasn't suggesting anything. However, now that YOU bring it up, that would be one way for the poor man to end his alimony payments, wouldn't it?