can ex-wife change divorce decree one year later?

[fred22#]

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

Here's the issue,- my divorce was final on jan.5 2011....In our original agreement that was typed up in August 2011, I agreed to pay the mortgage and car payments for 3 yrs along with child support. (we went before the judge and our agreements were signed off by the judge, who said type it up and then it will be finalized). well, when our final decree was written up, they added the provision that says "Upon the remarriage of the wife, the husband will no longer be responsible for the house and car payment, only child support." she refused to sign the final papers at first because of that provision, but eventually gave in and signed the final papers. they were finalized on Jan 5 2011. She then remarried one month later but did not notify me. I found out by accident in March 2011. i sent her a certified letter in March and told her I knew that she was married and would no longer be paying for the house and car and that she owed me for those payments that I should not have paid. Needless to say, she never responded. this morning I was served with papers saying that I was being sued for all kinds of things and that she is taking me back to court to have the decree vacated because when she signed the original decree in Jan 2011, she assumed that it was what she first agreed to in August 2011 (no provisions). So she is now claiming that it was fraudulent on my behalf. Can she do this and has anyone dealt with this before? Thank you

 

[ecmst12]

She can try, but I doubt it will work. However you may not be able to get back anything you paid her either. You should call your lawyer.

 

[Bali Hai]

She can try, but I doubt it will work. However you may not be able to get back anything you paid her either. You should call your lawyer.

The ole gift trick huh?

 

[mistoffolees]

She can try, but I doubt it will work. However you may not be able to get back anything you paid her either. You should call your lawyer.

It is likely to come down to whether the court order says that she must tell you if she remarries or if it simply says that the payments stop if she remarries.

If the former, you'd have a good case for filing for contempt to recover the money. If it's the latter, you still might be able to file for contempt, but it would be up to the judge as to whether to allow it.

Either way, the amount you recover might not be worth the trouble and expense.

 

[Ohiogal]

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

Here's the issue,- my divorce was final on jan.5 2011....In our original agreement that was typed up in August 2011, I agreed to pay the mortgage and car payments for 3 yrs along with child support. (we went before the judge and our agreements were signed off by the judge, who said type it up and then it will be finalized). well, when our final decree was written up, they added the provision that says "Upon the remarriage of the wife, the husband will no longer be responsible for the house and car payment, only child support." she refused to sign the final papers at first because of that provision, but eventually gave in and signed the final papers. they were finalized on Jan 5 2011. She then remarried one month later but did not notify me. I found out by accident in March 2011. i sent her a certified letter in March and told her I knew that she was married and would no longer be paying for the house and car and that she owed me for those payments that I should not have paid. Needless to say, she never responded. this morning I was served with papers saying that I was being sued for all kinds of things and that she is taking me back to court to have the decree vacated because when she signed the original decree in Jan 2011, she assumed that it was what she first agreed to in August 2011 (no provisions). So she is now claiming that it was fraudulent on my behalf. Can she do this and has anyone dealt with this before? Thank you

Who added the provision about remarriage?

 

[Bali Hai]

Who added the provision about remarriage?

I believe it safe to assume it wasn't her, her attorney or the judge.

 

[CurrentlyUndone]

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

Here's the issue,- my divorce was final on jan.5 2011....In our original agreement that was typed up in August 2011, I agreed to pay the mortgage and car payments for 3 yrs along with child support. (we went before the judge and our agreements were signed off by the judge, who said type it up and then it will be finalized). well, when our final decree was written up, they added the provision that says "Upon the remarriage of the wife, the husband will no longer be responsible for the house and car payment, only child support." she refused to sign the final papers at first because of that provision, but eventually gave in and signed the final papers. they were finalized on Jan 5 2011. She then remarried one month later but did not notify me. I found out by accident in March 2011. i sent her a certified letter in March and told her I knew that she was married and would no longer be paying for the house and car and that she owed me for those payments that I should not have paid. Needless to say, she never responded. this morning I was served with papers saying that I was being sued for all kinds of things and that she is taking me back to court to have the decree vacated because when she signed the original decree in Jan 2011, she assumed that it was what she first agreed to in August 2011 (no provisions). So she is now claiming that it was fraudulent on my behalf. Can she do this and has anyone dealt with this before? Thank you

How was the divorce/agreement finalized in January 2011 if it was only typed up in August 2011? Something is wrong with your timeline...

 

[Bali Hai]

How was the divorce/agreement finalized in January 2011 if it was only typed up in August 2011? Something is wrong with your timeline...

I believe OP meant August 2010 and mistyped August 2011. I also believe you know that. So, stop nitpicking and offer some advice if you have any.

 

[fred22#]

I'm sorry, I meant Aug 2010. And yes, my attorney added that provision because he said it was a normal provision. Is it? I would think that would be automatic if she remarried. anyways, I know some people said its not worth the time to go to court for that money back, but I now have to get a lawyer to defend myself. It does not say that she has to tell me that she remarried, just that upon the date of remarriage she will besolely responsible for the house and car payments. thanks

 

[mistoffolees]

I'm sorry, I meant Aug 2010. And yes, my attorney added that provision because he said it was a normal provision. Is it? I would think that would be automatic if she remarried. anyways, I know some people said its not worth the time to go to court for that money back, but I now have to get a lawyer to defend myself. It does not say that she has to tell me that she remarried, just that upon the date of remarriage she will besolely responsible for the house and car payments. thanks

I think you're going to have a hard time collecting. Even if you were to win, I suspect that it will cost you more to recover than what it's worth.

 

[fred22#]

i agree with you. what i would really like to know is if anyone has any experience with my particular situation. i.e. (her saying that she didnt know that thats what the papers said) and if a judge would really vacate a decree one year later....thanks again

 

[fred22#]

also, is there a statue of limitations on how long someone can wait to go back to court to change a divorce decree? i know you have 30 days to appeal

 

[Ohiogal]

I'm sorry, I meant Aug 2010. And yes, my attorney added that provision because he said it was a normal provision. Is it? I would think that would be automatic if she remarried. anyways, I know some people said its not worth the time to go to court for that money back, but I now have to get a lawyer to defend myself. It does not say that she has to tell me that she remarried, just that upon the date of remarriage she will besolely responsible for the house and car payments. thanks

That provision may be standard but if she did NOT agree upon it, that does not matter -- standard does NOT mean required by law. The fact that YOUR attorney slipped it in and it was not agreed upon could cause you problems. You better be able to prove that your ex was WELL AWARE of that provision being added.

 

[mistoffolees]

i agree with you. what i would really like to know is if anyone has any experience with my particular situation. i.e. (her saying that she didnt know that thats what the papers said) and if a judge would really vacate a decree one year later....thanks again

There are two factors:

1. If your attorney simply added it to the final copy just before ex signed it without discussing it with ex, you could have problems enforcing it.

2. That said, it is normally assumed that both parties read and understand any contract they signed. "I didn't understand what this meant" is not normally grounds for overturning a divorce decree.

If it went to court, it would probably depend on how egregious the addition was. If it was something completely off the wall, a judge might look at it differently than if it was simply wording to clarify an ambiguous point. There really isn't a simple 'yes or no' answer.

 

[Bali Hai]

There are two factors:

1. If your attorney simply added it to the final copy just before ex signed it without discussing it with ex, you could have problems enforcing it.

2. That said, it is normally assumed that both parties read and understand any contract they signed. "I didn't understand what this meant" is not normally grounds for overturning a divorce decree.

If it went to court, it would probably depend on how egregious the addition was. If it was something completely off the wall, a judge might look at it differently than if it was simply wording to clarify an ambiguous point. There really isn't a simple 'yes or no' answer.

"she refused to sign the final papers at first because of that provision, but eventually gave in and signed the final papers"

1. The above establishes that the ex was fully aware of the provision and what it meant in the final copy and signed it. Whether she liked it or not is irrelevent.

2. Is the provision reasonable? Of course it is. Only a certain group of outrageous people would expect someone to continue to pay their mortgage and car payment after remarriage.