I have the following contract that was drafted by me, which I originally agreed to. I agreed to it simply so that I could have custody of my son. It was the payoff, if you will, to avoid a court battle. The $700 (for 1 case of pop) was actually a continuance of Jane Doe's alimony, the original agreement of which was negated by her getting married. She made a deal with me to sign over custody if I would pay 1 more year of alimony. She demanded that the word "alimony" not appear anywhere in this document. She has since abused my son and has had visitation revoked and will be voluntarily signing away her parental rights. In light of all of this abuse coming to light, I elected to stop paying on this "contract". It was notarized but was not done using any lawyers or through the court. She has filed a claim in small claims court for the 2 months that I missed. On another point, she had agreed to pay half of the negative balance after the house was sold during the divorce (about $2500). I want to file a counter claim to ask that this contract be considered invalid due to the fact that it was a deal for signing over custody and was indeed an alimony agreement and seek that Jane Doe "refund the $4900 already paid to her and consider the contract null and void. Secondly, I want to file a claim or counter-claim if applicable to seek the $2500 owed on the first agreement.
My questions:
1) Am I screwed or can I get out of paying this contract?
2) Is there any chance I can be awarded a "refund" of the $4900 or should I only seek the max of $3000 in small claims court?
3) To seek what is owed on the $2500 agreement, do I file a counter claim or do I need to file a completely separate claim since it technically has nothing to do with the other one? I want to use the fact that she owes me $2500 as part of the reason that I'm not paying.
4) Please advise. THANK YOU!
Personal Contract
Jane Doe John Doe
xxxxxxx xxxxxxxxxx
xxxxxxxxxx, Ohio xxxxx xxxxxxx, Ohio xxxxxx
In valid consideration for Jane Doe for performing the agreed upon service, John Doe will pay 700 per month through May 2011. This amount is to be paid directly to Jane Doe by John Doe and will not fall under the jurisdiction of any governing body nor will it be made through a payroll deduction.
Payment will be dispatched by the 5th of each month, or if the 5th falls on a weekend, the first workday following the 5th.
It has been agreed on by the two parties listed above that the alimony plan as outlined in the original separation agreement approved by the xxxxxx County Court on June 4, 2008 is to be null and void and is to be superseded by the plan outlined herein.
Payment in accordance with this plan will not begin until current court ordered CSEA controlled payments cease and will begin immediately upon confirmation from CSEA that court ordered payroll deductions have ended. It is the responsibility of Jane Doe to notify CSEA that payments are to cease at her request, as a result of this agreement.
This plan is to be effective on the date this document is approved, signed and notarized by both parties.
Approved by:
_____________________ _____________ _____________________________ ____________
My questions:
1) Am I screwed or can I get out of paying this contract?
2) Is there any chance I can be awarded a "refund" of the $4900 or should I only seek the max of $3000 in small claims court?
3) To seek what is owed on the $2500 agreement, do I file a counter claim or do I need to file a completely separate claim since it technically has nothing to do with the other one? I want to use the fact that she owes me $2500 as part of the reason that I'm not paying.
4) Please advise. THANK YOU!
Personal Contract
Jane Doe John Doe
xxxxxxx xxxxxxxxxx
xxxxxxxxxx, Ohio xxxxx xxxxxxx, Ohio xxxxxx
In valid consideration for Jane Doe for performing the agreed upon service, John Doe will pay 700 per month through May 2011. This amount is to be paid directly to Jane Doe by John Doe and will not fall under the jurisdiction of any governing body nor will it be made through a payroll deduction.
Payment will be dispatched by the 5th of each month, or if the 5th falls on a weekend, the first workday following the 5th.
It has been agreed on by the two parties listed above that the alimony plan as outlined in the original separation agreement approved by the xxxxxx County Court on June 4, 2008 is to be null and void and is to be superseded by the plan outlined herein.
Payment in accordance with this plan will not begin until current court ordered CSEA controlled payments cease and will begin immediately upon confirmation from CSEA that court ordered payroll deductions have ended. It is the responsibility of Jane Doe to notify CSEA that payments are to cease at her request, as a result of this agreement.
This plan is to be effective on the date this document is approved, signed and notarized by both parties.
Approved by:
_____________________ _____________ _____________________________ ____________