I have a new twist in my current situation which I thought I would seek advice on. Here are the key points:
1. Negotiated a Final Separation Agreement between myself and ex. Lawyers involved throughout process.
2. Spousal Support was considered to be final except by way of material change in circumstance. Ex was unemployed at the time, but has since re-gained employment.
3. Child support was negotiated on a temporary and without prejudice basis and was to be reviewed periodically. At the time, all 3 kids were in university with 2 being out of town and one local and splitting his time between his parents at their respective homes.
4. Since then, one child has quit school and has recently found full time employment, another has received grants/school loans and is fully self sufficient while the local one now lives in an apartment with roommates.
5. Clearly the CS situation has changed, however the ex does not acknowledge such and is adamant that spousal should automatically increase due to a reduction in child support
How can this be if our agreement said spousal was final (and notarized by both lawyers) while CS was temporary and without prejudice? We have issue resolution provisions that says mediation/arbitration is the final step and she is unwilling to do so.
I am worried that if this goes to court, I could win the CS battle and lose on SS and basically winding up where I was before. But isn't that the point of a final agreement? Could a judge overturn such a binding one?
1. Negotiated a Final Separation Agreement between myself and ex. Lawyers involved throughout process.
2. Spousal Support was considered to be final except by way of material change in circumstance. Ex was unemployed at the time, but has since re-gained employment.
3. Child support was negotiated on a temporary and without prejudice basis and was to be reviewed periodically. At the time, all 3 kids were in university with 2 being out of town and one local and splitting his time between his parents at their respective homes.
4. Since then, one child has quit school and has recently found full time employment, another has received grants/school loans and is fully self sufficient while the local one now lives in an apartment with roommates.
5. Clearly the CS situation has changed, however the ex does not acknowledge such and is adamant that spousal should automatically increase due to a reduction in child support
How can this be if our agreement said spousal was final (and notarized by both lawyers) while CS was temporary and without prejudice? We have issue resolution provisions that says mediation/arbitration is the final step and she is unwilling to do so.
I am worried that if this goes to court, I could win the CS battle and lose on SS and basically winding up where I was before. But isn't that the point of a final agreement? Could a judge overturn such a binding one?
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