altering terms of divorce after completion in ohio

yes i live in ohio, and my ex wife and i were divorced in april of 2000, at which time our divorce agreement stated i would split all net proceeds from the sale of the home, , however one month later my ex found out home wouldnt sell for a profit, but for a loss, she hired an attorny to work up an agreement , which i signed, however i later found out he never filed a motion to overturn original terms of divorce, and i refused to pay her...since no motion was filed to overturn original divorce agreement, isnt that agreement invalid....thanks

[I AM ALWAYS LIABLE]

Originally posted by mrgdean
yes i live in ohio, and my ex wife and i were divorced in april of 2000, at which time our divorce agreement stated i would split all net proceeds from the sale of the home, , however one month later my ex found out home wouldnt sell for a profit, but for a loss, she hired an attorny to work up an agreement , which i signed, however i later found out he never filed a motion to overturn original terms of divorce, and i refused to pay her...since no motion was filed to overturn original divorce agreement, isnt that agreement invalid....thanks

My response:

Yes. Any changes made to a Settlement Agreement, previously approved and signed by a judge, must be approved by the court. Since no approval of the Amended Agreement was made, the original Settlement Agreement is still in full force and effect.

IAAL

Originally posted by I AM ALWAYS LIABLE

My response:

Yes. Any changes made to a Settlement Agreement, previously approved and signed by a judge, must be approved by the court. Since no approval of the Amended Agreement was made, the original Settlement Agreement is still in full force and effect.

IAAL

thank you for the prompt reply, one other question, her (my ex) attorney did file the agreement with the courts as an agreement, however it was never ruled upon by a judge, and there were no hearings or anything to discuss this, all i know is he recorded the agreement, but we never went back to court to ammend the original agreement...so am i safe in assuming that since we never went back to court then this agreement is still invalid?

hi and thanks again, so what you are saying is even if her attorney filed the document with the court, since we never went before a judge to amend the original divorce agreement, then that agreement is invalid? also my ex, is no suing me for that agreement i signed, after the divorce...i should contact my attorney who represented me and advise him, what legal recourse do i have or should i discuss that with my attorney, thanks again for the prompt replies...your help is greatly appreciated, and i will recomend this site to anyone who asks...thanks

[I AM ALWAYS LIABLE]

Originally posted by mrgdean

thank you for the prompt reply, one other question, her (my ex) attorney did file the agreement with the courts as an agreement, however it was never ruled upon by a judge, and there were no hearings or anything to discuss this, all i know is he recorded the agreement, but we never went back to court to ammend the original agreement...so am i safe in assuming that since we never went back to court then this agreement is still invalid?

My response:

He and your ex can file anything they want. If you didn't voluntarily agree and sign it, or there were no hearings concerning the matter with a judge signing the Amended Agreement, then the original Agreement is still in full force and effect. The only way a judge would sign an Amended Agreement without your approval is when there have been drastic changes in circumstance - - the house value is not such a change in circumstances. She had plenty of opportunity to have the house evaluated prior to the first agreement. If she didn't, well, there's a legal term for that called : "Tough titties".

IAAL

[Edited by I AM ALWAYS LIABLE on 03-11-2001 at 01:05 AM]

yes, and thanks again, and no i did approve of the agreement and was forced to sign it by the threa of my ex moving back into the house, also when we were discussing agreement i said 1 year and id make payments, but when came time to sign it it was a 6 month agreement because her attorney said so!!! i was manipulated, into signing it, and i certainely didnt agree with it since our divorce was alrady final... any advice?

[I AM ALWAYS LIABLE]

Originally posted by mrgdean
yes, and thanks again, and no i did approve of the agreement and was forced to sign it by the threa of my ex moving back into the house, also when we were discussing agreement i said 1 year and id make payments, but when came time to sign it it was a 6 month agreement because her attorney said so!!! i was manipulated, into signing it, and i certainely didnt agree with it since our divorce was alrady final... any advice?

My response:

You know, I just re-read your initial post, and tucked away in there, you did say that you had signed the agreement. I missed that, and I apologize for that oversight. I was actually basing my discussion with you on the presumption that you hadn't signed the Amendment.

You also have to understand something, first. You keep repeating that "the divorce was already final". Believe me when I tell you that that fact has nothing to do with your situation.

You see, a divorce has many parts - - e.g., the divorce itself, then property issues, and then child issues, etc. A dissolution of marriage, then, can be "bifurcated" or even "trifurcated" - - that is, while the divorce itself may be final, and you are divorced, that doesn't mean that the entire action has come to an end. In point of fact, and what is very common, is that a court can split up the various issues (or parts) of a divorce action, and maintain jurisdiction over the bifurcated property issues for years, and as you are aware, issues concerning children can last even longer.

In summary, since you signed the agreement, and didn't have a gun to your head (even though it felt like it), then it's really a done deal - - it's just a matter of waiting for the judge to sign the Amendment, which is merely a ministerial task.

IAAL

[Edited by I AM ALWAYS LIABLE on 03-11-2001 at 12:33 PM]

its ok, but since we never had a hearing or anything, am i safe to assume no judge signed it? also if i lose would i have to pay all that money at once? which i dont have, or would the court set up some sort of payment plan? my ex pretty much destroyed our credit, and left me with no possible way of getting a loan...so im curious if i lose what are my options? as far as repayment...and second should i try to sdettle on a payment figure before court date...if im assured i will lose....thanks so much for your help...

[I AM ALWAYS LIABLE]

Originally posted by mrgdean
its ok, but since we never had a hearing or anything, am i safe to assume no judge signed it? also if i lose would i have to pay all that money at once? which i dont have, or would the court set up some sort of payment plan? my ex pretty much destroyed our credit, and left me with no possible way of getting a loan...so im curious if i lose what are my options? as far as repayment...and second should i try to sdettle on a payment figure before court date...if im assured i will lose....thanks so much for your help...

My response:

Like I said in my last paragraph of my last post, all that's needed, if it hasn't already been done, is for the judge to sign. There shouldn't be any "hearings" on "agreed" property issues. You signed the Amendment. Therefore, there are no issues for the judge to "hear" - - it's just a matter of him signing. But, the judge signing is "just for the record" - - it has nothing to do with the fact that YOU and SHE signed, and that it's a "contract" for you both to uphold. It's a done deal.

Why weren't payments discussed and / or agreed upon before you signed the Amendment ? That's a rhetorical question.

If her attorney and she will agree to payments, then that too will be a done deal. However, if they won't, then yes, you'll need to go to court, for an order from the court, to allow a payment schedule; i.e., X dollars per month, for Y number of years.

Good luck to you Amigo.

IAAL

Thanks again for your help, i really appreciate the time you have taken to guide me, can i ask just a few more questions? first do you know if there are any time tables as to what the court would allow for repayment? we are talking about 5,000.00 dollars, and at this point with rent, and utilities and car payment/insurance, and my income i have only about $25-50.00 a month to spare, will the court take this into consideration? also when we split up, my ex agreed to pay me x amount of dollars for her share of the bills, which was about $3000.00, i only received about $400.00, but this was a verbal agreement, also we had agreements (verbal, but witnessed) that when our sons were able to purchase cars , we, and my sister would match any amount they saved, my son got 2000, from me, and 2000, from my sister, but my ex never contributed, can i get 1000, of that taken off of what i owe her, since i have statements from my son, and sister stating only the two of us contributed....thanks again, and my court date is in may...ill keep you posted....also one last thing, should i contacther attorney and see if a reasonable payment can be agreed upon.... thats why i asked if you knew what the court would allow as a reasonable amount of time to pay...thanks again...