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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-09-2021, 03:40 PM
greentrees greentrees is offline
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Default amendment to separation agreement

Question for you all :

Separation agreement was signed 8 years ago and a new amendment signed and court ordered 1.5 years ago changed a few things. The amendment stated that all other parts of the original agreement remain and are agreed to.

One party has threated to open up the separation agreement signed now 8 years ago and seek financial arears 8 years back. Both parties waived financial disclosure signing forms from their lawyers since the finances were so simple- basis that reason.

Then the amendment was signed 1.5 years ago again agreeing to all remaining terms of the agreement. My friends thought this means there is agreement on all items, including support and that was part of the negotiation of the terms of the amendment.

Can the other party go back 8 years? Even 3 years as I've read is often the case?
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Old 06-09-2021, 04:19 PM
rockscan rockscan is offline
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Financial arrears for what?

Were they both fully transparent on income for support? Did they both fully disclose assets? Did they both get legal advice?

If yes to all then they will not get far with that argument.
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Old 06-09-2021, 04:46 PM
greentrees greentrees is offline
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Yes to all of those questions.

Incomes have increased disproportionally and financial discourse was done again for several years leading into the amendment. My friend said he thought in agreeing to those items he was also agreeing to no financial changes ---part of bargaining for other non- financial matters. And therefore included the language in the statement that all other terms are agreed to.

Could the other person request to go back and seek money from prior to the amendment? Lets say 3-4 years back and seek the amounts from one of those calculators?

I realize this doesn't make sense but wondering how someone could file to open up the separation agreement... or how they could seek money prior to the amendment?
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Old 06-09-2021, 06:07 PM
rockscan rockscan is offline
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Is it spousal support? I dont think they can do that. Its not the payors fault someone cant get their shit together.
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Old 06-09-2021, 07:15 PM
Alpinist Alpinist is offline
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When you amend the agreement its only the items removed or changed that are 'updated' and anything not changed from the original agreement would then still be in effect as far as I know. (correct me if wrong.. I am also amending my agreement). As far as the going back only 3 years question I am interested in knowing the answer as my partners ex is trying to go back farther as well.
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