Contract Interpretation

[adviseme62]

What is the name of your state? Kentucky

My former spouse and I are having on going litigation over the terms of a Property settle Agreement.

Martial Property Para 5 subpart 9 states:
" Nancy shall receive 200.00 dollars per month of Bob's Non-Disability Pay.
Division of Pension Para 10 states
" Nancy shall be awarded one-half of Bob's NON-disibility pay in the amount of 200.00 dollars".

Her Attorney is attempting to ask for a clarification of this Settle Agreement, stating it should be 50 percent of Bob's Non-disability at todays rate.

I say no because it specifically states 200.00 dollars per month in two places in the agreement. Can it be construed as ambigigous?

[BelizeBreeze]

Originally Posted by adviseme62

What is the name of your state? Kentucky

My former spouse and I are having on going litigation over the terms of a Property settle Agreement.

Martial Property Para 5 subpart 9 states:
" Nancy shall receive 200.00 dollars per month of Bob's Non-Disability Pay.
Division of Pension Para 10 states
" Nancy shall be awarded one-half of Bob's NON-disibility pay in the amount of 200.00 dollars".

Her Attorney is attempting to ask for a clarification of this Settle Agreement, stating it should be 50 percent of Bob's Non-disability at todays rate.

I say no because it specifically states 200.00 dollars per month in two places in the agreement. Can it be construed as ambigigous?

Yes it can be.

[LdiJ]

Originally Posted by adviseme62

What is the name of your state? Kentucky

My former spouse and I are having on going litigation over the terms of a Property settle Agreement.

Martial Property Para 5 subpart 9 states:
" Nancy shall receive 200.00 dollars per month of Bob's Non-Disability Pay.
Division of Pension Para 10 states
" Nancy shall be awarded one-half of Bob's NON-disibility pay in the amount of 200.00 dollars".

Her Attorney is attempting to ask for a clarification of this Settle Agreement, stating it should be 50 percent of Bob's Non-disability at todays rate.

I say no because it specifically states 200.00 dollars per month in two places in the agreement. Can it be construed as ambigigous?

You have only given us info from two small sections of the settlement agreement, without knowing what the rest of it says...

If you want a real answer, take the entire agreement to an attorney who can real the whole thing in context.