CS Question

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jm_1976

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Hoping someone might know the answer to my question. My bf and his ex finalized their separation agreement January 28, 2012. The agreement states that each year the parties will exchange tax information by June 1st and the new payments will be effective May 1st of that year. Well in May 2012 they didn't exchange income because the guidelines say once a year after the anniversary of the agreement. The anniversary wouldn't have been until January 27, 2013. Well they are preparing to exchange income now and his exes lawyer is claiming they should have exchanged last May and that he now owes back support. I don't think this is accurate since it had only been 3 months since they signed the agreement. Does anyone know if the lawyer is right?

Thank you.

Jaimie
 
There are two dates here.
  1. The aniversary date of the separation agreement
  2. The date specified in the agreement.
Why on earth would anyone specify a date in the agreement if it is going to be forever obliterated because the guidelines say the aniversary date? The guidelines state the aniversary date for those who don't otherwise have a date specified, or can't come to an agreement.

Your bf has a legal, binding contract that he signed stating that income information will be exchanged in (June? did you reverse those months?). That is the agreement he signed and that is the agreement he should follow.

If he was like most people, they were negotiating the agreement for months, and it was based on 2011 income. Yes, if his income changed, he should have been paying more support.

If it is a significant amount, he should have been up front about it a year ago. If it is just a few dollars a month, I think the lawyer is being a jerk, but your bf should still pay it, it is money he owes.
 
Hmm I disagree on this one. It said in the agreement that exchanges of information shall happen once a year after the anniversary of the agreement. Then it details when that should happen. If they were suppose to exchange tax information 3 months after the ageeement was signed then it should have specified that the first exchange of infomation shall happen in May of 2012.

What else could that clause mean?
 
standing on the sidelines said:
Hmm I disagree on this one. It said in the agreement that exchanges of information shall happen once a year after the anniversary of the agreement. Then it details when that should happen. If they were suppose to exchange tax information 3 months after the ageeement was signed then it should have specified that the first exchange of infomation shall happen in May of 2012.

What else could that clause mean?
Click to expand...
I did a search on this page for the word "after." There was no use of the word "after" in the OP's settlement agreement, according to what was posted.

The word "after" came from the guidelines. If the agreement has it's own formula, you don't use the guidelines' formula.
 
Mess said:
I did a search on this page for the word "after." There was no use of the word "after" in the OP's settlement agreement, according to what was posted.

The word "after" came from the guidelines. If the agreement has it's own formula, you don't use the guidelines' formula.
Click to expand...
my bad, I thought she mean that in his agreement it said a year after:o
 
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