HELP!3 year old Divorce settlement

[Mishylaroo]

What is the name of your state? What is the name of your state? MASSACHUSETTS


My divorce was finalized back in May of 2002 however my exhusband wants money from me now that I've sold my house, 3 years later. Our divorce settlement stated that I was to give him 10,000$ as a settlement, he agreed to take just $5000. I know I should have gotten the agreement amended but when his attorney asked him if he got the money and we could proceed he said YES! We then went to court and finished the divorce process. We agreed to go our seperate ways and did so until he noticed I had my house for sale. He now has changed his mind and wants the other 5000$ he didn't want back then.

Do I have to pay him? He has begun harassing me through email and threatening to sue me.

 

[stealth2]

Does the order as signed by the judge say 10k? Then you owe him the additional 5.

 

[Mishylaroo]

The judge didn't do anything he just asked if I satisfied the agreement and my ex's lawyer said yes and it was done. In the divorce agreement it just says I'm to give him $10K... like I said he hasn't pursued it until last month.

 

[djohnson]

What proof do you have that he/his lawyer said the amount had been satisfied? That's what it is going to come down to.

 

[stealth2]

The judge didn't do anything he just asked if I satisfied the agreement and my ex's lawyer said yes and it was done. In the divorce agreement it just says I'm to give him $10K... like I said he hasn't pursued it until last month.

The agreement (which I assume was signed by the judge) says $10k. You can't prove that you paid it. You still owe him $5k.

 

[LdiJ]

The agreement (which I assume was signed by the judge) says $10k. You can't prove that you paid it. You still owe him $5k.

Ok....you are getting a response from the "accountant/business law student" in me.

If she got a transcript of the hearing where his attorney stated that all had been satisfied...if push came to shove she probably would NOT have to pay him.

Although this is a divorce issue...the law treats it more like a contract issue (property settlements are really financial contracts)...and a party stating in court that a contract is satisfied DOES indeed make the contract satisfied. That trumps all other evidence.

My advice would be (from both a moral and a legal perspective) that if the home sells for a value that is either in-line with the previous calculation or higher, that she negotiate a "settlement" with him. This is one area where a notarized piece of paper honestly DOES hold weight. If he accepts her offer then it needs to be written up...very simply...

"John Doe accepts from Mary Smith the sum of XXX in satisfaction of all debts related to their divorce of XXXX date"

If he doesn't accept a reasonable settlement....then obtain the transcripts and go to court showing that he/his attorney stated that the divorce settlement was satisfied. I wouldn't hire an attorney to do it myself, but I am an accountant...she probably should.

 

[Mishylaroo]

hmm...

The sale of my house had nothing to do with the divorce. The divorce agreement stated within 90 days I would pay him 10K and take his name off of the deed. I paid him 5k immediately and took his name off of the house. I continued to live there all this time, about 3 years. I continued to make improvements and updates to the home. The selling price was in the neighbourhood of the price that we thought it was worth when we divorced so that will not be the issue. I think the sale, is what gave him the idea to come after me, he assumed I'd have extra money laying around.... I was thinking since the agreement did state a time frame, 90 days and we are well past that, he has no standing to pursue the issue at this point. His lawyer did not ask for proof but simply asked if he got his money from me and was ready to proceed, he responded yes. Therefor we went ahead and finalized the divorce.
I am still waiting for official word from him what he is planning. He keeps threatening to sue but hasn't just yet, just a lot of 'I'm gonna sue you" emails...

 

[LdiJ]

The sale of my house had nothing to do with the divorce. The divorce agreement stated within 90 days I would pay him 10K and take his name off of the deed. I paid him 5k immediately and took his name off of the house. I continued to live there all this time, about 3 years. I continued to make improvements and updates to the home. The selling price was in the neighbourhood of the price that we thought it was worth when we divorced so that will not be the issue. I think the sale, is what gave him the idea to come after me, he assumed I'd have extra money laying around.... I was thinking since the agreement did state a time frame, 90 days and we are well past that, he has no standing to pursue the issue at this point. His lawyer did not ask for proof but simply asked if he got his money from me and was ready to proceed, he responded yes. Therefor we went ahead and finalized the divorce.
I am still waiting for official word from him what he is planning. He keeps threatening to sue but hasn't just yet, just a lot of 'I'm gonna sue you" emails...

Again....if you can get a transcript of the hearing where it was stated that the settlement had been "satisfied" then legally he probably doesn't have a leg to stand on.

Again, from a moral perspective it depends on more on the "business" of the house. If the house was sold three years later, after you had made additional improvements, for roughly the same amount that you estimated as its value back then....then morally your position that you don't owe him anything else may be correct.

Homes in most areas would appreciate in value over a three year period, even without improvements. Therefore its reasonably probable that the original estimate of its value was too high.