mdunlap1979
New member
What is the name of your state? TX
Hello,
I'm in need of some advice so I can determine the best approach moving forward.
Background:
I've been divorced about a year, was married for 9 years and we have 2 children. As part of the divorce process, the ex-wife wanted to go to a mediator and attempt to mediate our divorce vs. going to court first. She selected the mediator service and I was in agreement to use it. As part of that mediation process we eventually reached an agreement and the MSA itself states it is irrevocable in bold and underlined and we both signed it - I believe that makes it legitimate. Furthermore, that agreement eventually was incorporated into a decree which we both signed in court and presented for the courts approval. It was approved and it has been adhered to by both parties for a little over a year now without much issue. About 5 months ago she remarried and that's about the times problems started.
Items in the MSA related to probably standard stuff, possession schedule, who has the kids on holidays, who claims them for taxes, child support (previously agreed to at $250.00 + me paying insurance) and 50/50 custody.
Issue:
About a week ago my ex-wife contacted me via US mail wanting to modify several of the items called out above along with some additional items. She included a form for me to sign and mail back and her lawyer would make the changes and submit them to the court to be entered into a revised decree. I declined all the changes and simply responded that I do not agree with the changes and that the original decree guidance would be followed. More details: she wants to change her primary residence, change her geographic restriction, remove me from making decisions related to medical, education and substantially increase child support and reduce my periods of possession.
She replied back stating that if I do not agree, she will proceed to have her lawyer move forward with filing a suit to get the items she wants to change adhered to. I received a call from her lawyer yesterday asking if I had representation and if so, who so correspondence can be sent.
Questions:
My understanding was that if her and I can't reach an agreement on any requested changes that we had to go back to mediation to resolve - I wasn't aware she can just drag me back to court.
I was also under the impression that a MSA (when properly executed of course) cannot be modified (unless both parties agree) which is why they are so important
As part of the mediation process I gave up substantial investments, property and other tangible goods to land on the agreement we have now and these changes she wishes to perform a year later make me feel like I gave up a lot to get nothing back in return. Had I known a year later she wanted to modify basically the entire agreement I wouldn't have given so much.
Is what she's attempting to do even possible?
Thoughts or comments appreciated.
Thanks
MD
Hello,
I'm in need of some advice so I can determine the best approach moving forward.
Background:
I've been divorced about a year, was married for 9 years and we have 2 children. As part of the divorce process, the ex-wife wanted to go to a mediator and attempt to mediate our divorce vs. going to court first. She selected the mediator service and I was in agreement to use it. As part of that mediation process we eventually reached an agreement and the MSA itself states it is irrevocable in bold and underlined and we both signed it - I believe that makes it legitimate. Furthermore, that agreement eventually was incorporated into a decree which we both signed in court and presented for the courts approval. It was approved and it has been adhered to by both parties for a little over a year now without much issue. About 5 months ago she remarried and that's about the times problems started.
Items in the MSA related to probably standard stuff, possession schedule, who has the kids on holidays, who claims them for taxes, child support (previously agreed to at $250.00 + me paying insurance) and 50/50 custody.
Issue:
About a week ago my ex-wife contacted me via US mail wanting to modify several of the items called out above along with some additional items. She included a form for me to sign and mail back and her lawyer would make the changes and submit them to the court to be entered into a revised decree. I declined all the changes and simply responded that I do not agree with the changes and that the original decree guidance would be followed. More details: she wants to change her primary residence, change her geographic restriction, remove me from making decisions related to medical, education and substantially increase child support and reduce my periods of possession.
She replied back stating that if I do not agree, she will proceed to have her lawyer move forward with filing a suit to get the items she wants to change adhered to. I received a call from her lawyer yesterday asking if I had representation and if so, who so correspondence can be sent.
Questions:
My understanding was that if her and I can't reach an agreement on any requested changes that we had to go back to mediation to resolve - I wasn't aware she can just drag me back to court.
I was also under the impression that a MSA (when properly executed of course) cannot be modified (unless both parties agree) which is why they are so important
As part of the mediation process I gave up substantial investments, property and other tangible goods to land on the agreement we have now and these changes she wishes to perform a year later make me feel like I gave up a lot to get nothing back in return. Had I known a year later she wanted to modify basically the entire agreement I wouldn't have given so much.
Is what she's attempting to do even possible?
Thoughts or comments appreciated.
Thanks
MD
