can ex-wife change divorce decree one year later?

[Bali Hai]

quick question--The lawyer that I called that told me hewould not take my case also told me i should go back to my old lawyerand have him fix it because he's the one who got me into this mess**************i called my old lawyer to explain the situation to him, he said he knows the ex's lawyer and would go talk to him to see if we could make a deal, but that was going to cost me 1500. up front! should i use the old lawyer who knows about my case but is the one who screwed it up? or go with a new lawyer to defend me? thank you

What is it that you want your lawyer to do? By all accounts you have a property settlement and not alimony. Do you believe that this is the case?

If that's what the judge decides, you're going to be making non-tax deductible payments for the term of the agreement and probably paying her lawyer on top of that.

 

[mistoffolees]

What is it that you want your lawyer to do? By all accounts you have a property settlement and not alimony. Do you believe that this is the case?

If that's what the judge decides, you're going to be making non-tax deductible payments for the term of the agreement and probably paying her lawyer on top of that.

Presumably, what he wants his attorney to do is tell him if he has any chance of getting the payment stopped at remarriage.

Granted, it SHOULDN'T be, but it could happen.

 

[fred22#]

i just want someone to help me in this situation- I thought i was doing everything legally until this happened...i just need a good attorney to help defend me in that this was not fraudulently done..everyone including her who read the papers wa aware of what was in them.. (I actually just found out that she is in the process of getting divorced..so now i know why she's coming after me now)

 

[Ohiogal]

Personally, I would tell the old lawyer that I expect him to fix his mistake at no charge. He might tell you to get lost, but if so, he might not be the person you want to be working with, anyway.

Truthfully it was not a mistake. He (OP) agreed with it being put there. The lawyer did what his client wanted.

 

[mistoffolees]

Truthfully it was not a mistake. He (OP) agreed with it being put there. The lawyer did what his client wanted.

Perhaps, but the client didn't know that the lawyer was going about it in the wrong way. The lawyer clearly added something to the document AFTER there was an agreement and did not insist on ex initialing the change.

Is the lawyer legally culpable? No, probably not. But, at the same time, it could be argue that the lawyer was not acting in the client's best interests.

 

[fred22#]

im a little confused...if I ask for something to be put in the paperwork, shouldnt my lawyer have told me that it couldnt be done lawfully? If I knew what the laws were regarding those things, I wouldnt have went along with it...i just assumed that if it wasnt right , he would say so or do wahts legally correct.....or does it work the other way?--whatever a client wants regardless of being legally correct, they do it??

 

[LdiJ]

im a little confused...if I ask for something to be put in the paperwork, shouldnt my lawyer have told me that it couldnt be done lawfully? If I knew what the laws were regarding those things, I wouldnt have went along with it...i just assumed that if it wasnt right , he would say so or do wahts legally correct.....or does it work the other way?--whatever a client wants regardless of being legally correct, they do it??

A little bit yes and a little bit no. Your attorney probably hoped that she wouldn't fight it, or that it would never be an issue because she wouldn't remarry with the time frame. If your attorney is a really busy attorney, he might not have even remembered that the payments were for a property settlement rather than alimony/spousal support.