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  #1  
Old 01-15-2008, 02:25 PM
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Disputing Alimony Waiver

State: New Jersey
Can a person get alimony after they have waived the right for alimony in their divorce agreement? My parents got divorced 15 years ago and at the time my mother waived her right for alimony. She now wants to dispute the waiver and get alimony from my father. She recently went on long term disability from her job but does not have a mortgage and is not deeply in debt. I'm hoping there is no way this could even go to court but am not familiar with divorce law. When they got divorced she received the money from the sale of our house. Also, my father financially supported his two children and put them both through college. Any advice would be greatly appreciated.
Last edited by Newbie31; 01-15-2008 at 02:47 PM.
  #2  
Old 01-15-2008, 02:28 PM
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Quote:
Originally Posted by Newbie31 View Post
Can a person get alimony after they have waived the right for alimony in their divorce agreement? My parents got divorced 15 years ago and at the time my mother waived her right for alimony. She now wants to dispute the waiver and get alimony from my father. She recently went on long term disability from her job but does not have a mortgage and is not deeply in debt. I'm hoping there is no way this could even go to court but am not familiar with divorce law. When they got divorced she received the money from the sale of our house. Also, my father financially supported his two children and put them both through college. Any advice would be greatly appreciated.
Unless there was something really (legally) wrong with the proceedings, the answer is no.

Even if there was something really wrong with the proceedings, it might be too late to do anything about it.
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  #3  
Old 01-15-2008, 02:33 PM
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I can't imagine such a scenario. That's simply nuts.
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  #4  
Old 01-15-2008, 03:04 PM
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Quote:
Originally Posted by Silverplum View Post
I can't imagine such a scenario. That's simply nuts.
Yes BUT, I have an associate who has been paying child support in NY for at least the last ten years as agreed to in their separation agreement and final divorce decree.

The child will graduate high school this spring and wants to attend college. There is nothing in the separation or decree directing this person to pay for that.

A month ago my associate gets a notice to appear in court pertaining to child support. It was believed because of the usual once per year CP demand for more money.

When my associate went to court (without a lawyer), the CP had two lawyers petitioning the court to AMEND the separation agreement and decree to force my associate to pay for the child's college.

The support magistrate set a hearing for April and told my associate to come then, WITH A LAWYER.

So yes these things can be dredged up years later.
  #5  
Old 01-15-2008, 03:16 PM
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this has nothing to do with alimony being waived and nothing to do with this thread.
  #6  
Old 01-15-2008, 03:49 PM
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Quote:
Originally Posted by VeronicaLodge View Post
this has nothing to do with alimony being waived and nothing to do with this thread.
Yes you're right and you have my most humble and sincere apology.
  #7  
Old 01-15-2008, 04:04 PM
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i love you bali
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