We live in CA. We were divorced ten years ago, married 13 years. Certain aspects of the divorce have not been adhered to - child support increased, alimony decreased, ex-wife not paying dental insurance (I am), we each claim one child on taxes. Also, custody % has increased for me, as one child is now living with me.
I have an email from my ex-wife stating her agreement to the reduced alimony. My concern -- can she sue me for the unpaid amount? or is the verbal agreement valid? (and the written email confirming her agreement?) Thank you very much!
The verbal agreement supported by the confirmation e-mail are helpful, but not necessarily controlling. You have an existing order. If the terms have changed, you need to file an Order to Show Cause modifying existing orders, or a stipulation regarding modification to existing orders. If you and ex are in agreement (still) then the easier thing to do would be to prepare the stipulation and order regarding the modified terms. Then file that with the court. That will protect you.
I agree with Attoeney Waxman , the verbal agreement or even the email is not enough to modify the judgement for support however, it may be useful in supporting a request to modify support , file an OSC Re Modification of Spousal Support. You need a lawyer to carefully examine the judgment and terms of spousal support, if there was for example say, a Gravon warning given that the supported spouse should seek to be self supporting. Also is she working now, did she recieve job training etc.
George Baker RichardsonFamily Law AttorneyPalo Alto, CA ·
The real question is would she prevail if she did sue you. An oral agreement would not provide a good defense to you if she asked for back payments based on the existing court order or judgment. On the other hand, you have a confirming email. The best thing would be to consult with a lawyer who can review the existing order and prepare an agreement to modify the existing orders. You need to talk with an experienced family law attorney to assist you. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.
You must file a Stipulation which modifies the court order. A verbal agreement even if followed up by an email will not change the court order and will not protect you should your ex-wife decide to enforce the order at a later date.
