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Can my divorce agreement be legally changed or voided in Pa?
Anonymous2 views2 answers
My ex has defaulted on things in our agreement. Divorce was finalized in 2010.
1. He was to retain camper, decided one day, a year later, he was not going to make the payments on it anymore. It was purchased during our marriage solely in my name, fell back to me and was repossessed for non payment.
2. Agreement states that i was to receive $20,000 of my share of his business. I was never given the money.
3. I was just informed that during our marriage my ex filed a suit against Ford and won $200,000. I believe that falls under the Full Disclosure section of our agreement. Am I entitled to a portion of that money?
4. Signed under duress: Ex screamed that he would close up business, before giving me any more. I signed agreement so not to lose any money for my children.
What are my rights?
Sounds like you need to file for contempt of the property settlement agreement. There should be a clause in there providing for legal fees in the event of a breach.
1. It should be stated that he would indemnify and hold you harmless for any liability arising from the camper.
2. He is in direct violation if he has not given you this money.
3. You could be in trouble on this one. The language of the agreement will need to be looked at to see whether you waived your right.
4. Duress is a tough one to argue as well.
In total, your husband should be found in contempt. However, you could be entitled to more depending on the language of the agreement.
Take your agreement to a local family law attorney. Hope this was helpful.
I agree. You must file for contempt. I doubt that you can get the decree reopened or changed, but you can certainly hold him to it. If he failed to disclose the winnings, you should be able to invoke clauses in your agreement that deal with such a failure. However, you will need either the interrogatories that he signed or the exhibit that was attached to the back of the agreement. If neither of these exist, you may have difficulty proving what he did and did not disclose.
