stipulation /alimony

[lilyjohn]

What is the name of your state? NJ
We had stipulation in 2005 in which
1)we waived alimony right from other other(as both party has equal earning capacity)
2)equal distribution of properties( altough it was not equal ,I gave him everything to stop this draining legal battle )

3)custody

He filled motion to enforce stiputaion aggrement in 2007
in new divorcee in 07 he is asking alimony ,his lawyers fees and enforce stipulation aggrement 0f 2005.I told my lawyers to get my layers fees and alimony from his side.
She didn't put in cross complain as she thinks it is unnecessary to put beacuse both of you are not going to get lawyer fees and alimony
altough he is continously asking that relief from court .
He is playing dirty tricks( not working ,going to doctorevery week)
I have son to take care of .
IS my layer did right right ??????
in motion order court say

1)The plaintiff reuest that the defendant comply with the terms of stipulation of settlement is granted as to all euitable distribution issue

2) the plaintiff reuest that the defendant comply with the terms of stipulation of settlement
is denied as to issue of child custody of the minor child.

In stipulation aggrement we waived alimony right from each other in 2005 .Altough in new divorcee he is again asking alimony (purposefully he is not working) and making health excuses.
Is he is going to get alimony???????(The plaintiff request that the defendant comply with the terms of stipulation of settlement is granted as to all euitable distribution issue )as we waived alimony from each other in para1 of settlement aggrement

[Ohiogal]

Were you folks actually divorced in 2005? And was that agreement made an order of the court?

[lilyjohn]

No we didn't get divorceed in 2005.Court gave us 6 month to reconcilation and if it doesn't work get divorcee on conditions mentioned in settlement aggrement with in 6 month
in that settle ment everything was issued-401k ,pension,car
first paragraph of that settlelment is-"both party has equal potential of making money so waiving alimony from each other in now and future"

we lived togther and he filed divorcee again in 2007
asking-
1) child custody and support
2)lawyer fees
3) enforce property settlement from stipulation agrrrement
4)alimony
then he filed motion in 08 to enforce settlement agreement.Judge decided following:-

1)The plaintiff reuest that the defendant comply with the terms of stipulation of settlement is granted as to all euitable distribution issue

2) the plaintiff reuest that the defendant comply with the terms of stipulation of settlement
is denied as to issue of child custody of the minor child
according to first point he should not get alimony.AM I right??

[LdiJ]

Your post is very confusing. However if he is asking that the stipulated agreement be enforced, and the judge agrees that it should be enforced, then neither one of you should get alimony.

[Ohiogal]

Originally Posted by lilyjohn

No we didn't get divorceed in 2005.Court gave us 6 month to reconcilation and if it doesn't work get divorcee on conditions mentioned in settlement aggrement with in 6 month
in that settle ment everything was issued-401k ,pension,car
first paragraph of that settlelment is-"both party has equal potential of making money so waiving alimony from each other in now and future"

we lived togther and he filed divorcee again in 2007
asking-
1) child custody and support
2)lawyer fees
3) enforce property settlement from stipulation agrrrement
4)alimony
then he filed motion in 08 to enforce settlement agreement.Judge decided following:-

1)The plaintiff reuest that the defendant comply with the terms of stipulation of settlement is granted as to all euitable distribution issue

2) the plaintiff reuest that the defendant comply with the terms of stipulation of settlement
is denied as to issue of child custody of the minor child
according to first point he should not get alimony.AM I right??

Nope. Distribution issue is to all property. Alimony is normally not included in property but under support.

[lwpat]

Sounds like they filed for divorce in 2005 and then reconciled and lived together until 2007. If so the agreement in 2005 might be void.

[lilyjohn]

Thanks a lot for replying.Really nice site.You have somebody to hear and ready to give advise.keep it up