Mediated Marital Settlement Agreement vs Judge's Order

[TheresaLKL]

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

Can a judge change a divorce marital settlement agreement after it has been signed by both parties?

 

[Zigner]

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

Can a judge change a divorce marital settlement agreement after it has been signed by both parties?

Generally, yes.

 

[single317dad]

If the judge doesn't want to order an agreement as written, there's a chance it could be sent back to the parties to be changed and another hearing scheduled, or the judge could make changes before ordering. Is there a specific issue you're wondering about?

 

[LdiJ]

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

Can a judge change a divorce marital settlement agreement after it has been signed by both parties?

A judge can, but typically would only do so if the judge sees something in the agreement that is contrary to law.

 

[TheresaLKL]

MSA Detail

If the judge doesn't want to order an agreement as written, there's a chance it could be sent back to the parties to be changed and another hearing scheduled, or the judge could make changes before ordering. Is there a specific issue you're wondering about?

A MSA was agreed upon in mediation. Initially the judge simply signed the divorce decree. The issue is the sale of the house. My parent's inheritance of $70,000 was put into the equity of the house. The settlement was that I received the house 100% and all equity in it but had to sell it. It cost $379,000.00 to build. After a period of 15 months it wasn't selling so ex took me back to mediation and agreed to list at $349,900 - never having to accept an offer less than what is owed the bank on it with the division of realtor fee 70/30 up to $10,000 and 50/50 over $10,000. It has not sold in four years and ex wants to list at a market analysis of $309,000 which would have us paying to sell it, which basically would put me in bankruptcy. The mortgage has been split 50/50 but the disparity of our income is 20/80. Ex is threatening to take me to court.

 

[Proserpina]

A MSA was agreed upon in mediation. Initially the judge simply signed the divorce decree. The issue is the sale of the house. My parent's inheritance of $70,000 was put into the equity of the house. The settlement was that I received the house 100% and all equity in it but had to sell it. It cost $379,000.00 to build. After a period of 15 months it wasn't selling so ex took me back to mediation and agreed to list at $349,900 - never having to accept an offer less than what is owed the bank on it with the division of realtor fee 70/30 up to $10,000 and 50/50 over $10,000. It has not sold in four years and ex wants to list at a market analysis of $309,000 which would have us paying to sell it, which basically would put me in bankruptcy. The mortgage has been split 50/50 but the disparity of our income is 20/80. Ex is threatening to take me to court.

Just bear in mind that Kentucky is an "equitable distribution" state - and what is equitable is not always a 50/50 split.

In other words, the Judge can indeed take another look since circumstances have changed somewhat dramatically from when the agreement was made.

 

[stealth2]

Have you done anything to make the house more marketable? Trying to sell it over market value (and if it has not sold in four years - it is listed over market value) isn't helping any. Y'all are paying on the house and getting nothing from it. Time to get realistic, I hate to say. You will not likely get back your money. And it's npt right that your ex's hand be tied due to your relative insolvency.

What have you done to increase your own income?